[109th Congress Public Law 102]
[From the U.S. Government Printing Office]
[DOCID: f:publ102.109]
[[Page 2171]]
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2006
[[Page 119 STAT. 2172]]
Public Law 109-102
109th Congress
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2006, and for
other purposes. <<NOTE: Nov. 14, 2005 - [H.R. 3057]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2006.>> That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2006, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general of the export-import bank
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $1,000,000, to remain available until September 30, 2007.
export-import bank program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, <<NOTE: Termination date. 12 USC 635 note.>> That
notwithstanding section 1(c) of Public Law 103-428, as amended, sections
1(a) and (b) of Public Law 103-428 shall remain in effect through
October 1, 2006.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $100,000,000, to remain available
[[Page 119 STAT. 2173]]
until September 30, 2009: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
remain available until September 30, 2024, for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants obligated
in fiscal years 2006, 2007, 2008, and 2009: Provided further, That none
of the funds appropriated by this Act or any prior Act appropriating
funds for foreign operations, export financing, and related programs for
tied-aid credits or grants may be used for any other purpose except
through the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by this
paragraph are made available notwithstanding section 2(b)(2) of the
Export-Import Bank Act of 1945, in connection with the purchase or lease
of any product by any Eastern European country, any Baltic State or any
agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, $73,200,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided
further, <<NOTE: Termination date. 12 USC 635a note.>> That,
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until October
1, 2006.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $42,274,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $20,276,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Non-Credit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined
[[Page 119 STAT. 2174]]
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such sums shall be available for direct loan obligations
and loan guaranty commitments incurred or made during fiscal years 2006
and 2007: Provided further, That such sums shall remain available
through fiscal year 2014 for the disbursement of direct and guaranteed
loans obligated in fiscal year 2006, and through fiscal year 2015 for
the disbursement of direct and guaranteed loans obligated in fiscal year
2007: Provided further, <<NOTE: Iraq.>> That notwithstanding any other
provision of law, the Overseas Private Investment Corporation is
authorized to undertake any program authorized by title IV of the
Foreign Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous proviso shall
be subject to the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $50,900,000, to remain available
until September 30, 2007.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2006, unless otherwise
specified herein, as follows:
united states agency for international development
child survival and health programs fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for child survival,
health, and family planning/reproductive health activities, in addition
to funds otherwise available for such purposes, $1,585,000,000, to
remain available until <<NOTE: Immunizations. HIV/AIDS.>> September 30,
2007: Provided, That this amount shall be made available for such
activities as: (1) immunization programs; (2) oral rehydration programs;
(3) health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by causes
other than AIDS; (5) programs for the prevention, treatment, control of,
and research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely affected
by HIV/AIDS, including children displaced or orphaned by AIDS; and (6)
family planning/reproductive health: Provided further, That none of the
funds appropriated under this
[[Page 119 STAT. 2175]]
heading may be made available for nonproject assistance, except that
funds may be made available for such assistance for ongoing health
activities: Provided further, That of the funds appropriated under this
heading, not to exceed $350,000, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of child survival, maternal and family planning/reproductive
health, and infectious disease programs: Provided further, That the
following amounts should be allocated as follows: $360,000,000 for child
survival and maternal health; $30,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS; $220,000,000 for other infectious diseases;
and $375,000,000 for family planning/reproductive health, including in
areas where population growth threatens biodiversity or endangered
species: Provided further, That of the funds appropriated under this
heading, and in addition to funds allocated under the previous proviso,
not less than $250,000,000 shall be made available, notwithstanding any
other provision of law, except for the United States Leadership Against
HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), for
a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund''), and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That up to 5 percent of the aggregate
amount of funds made available to the Global Fund in fiscal year 2006
may be made available to the United States Agency for International
Development for technical assistance related to the activities of the
Global Fund: Provided further, That of the funds appropriated under this
heading, $70,000,000 should be made available for a United States
contribution to The Vaccine Fund, and up to $6,000,000 may be
transferred to and merged with funds appropriated by this Act under the
heading ``Operating Expenses of the United States Agency for
International Development'' for costs directly related to international
health, but funds made available for such costs may not be derived from
amounts made available for contribution under this and preceding
provisos: Provided further, <<NOTE: Abortion. Sterilization.>> That none
of the funds made available in this Act nor any unobligated balances
from prior appropriations may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That none of
the funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That nothing
in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the funds made
available under this Act may be used to lobby for or against abortion:
Provided further, <<NOTE: Family planning.>> That in order to reduce
reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly
or through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary family
planning project shall meet the following requirements: (1) service
providers or referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family
[[Page 119 STAT. 2176]]
planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B) program
personnel for achieving a numerical target or quota of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and
(5) <<NOTE: Contraceptives. Deadline. Reports.>> the project shall
ensure that experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific study in
which participants are advised of potential risks and benefits; and, not
less than 60 days after the date on which the Administrator of the
United States Agency for International Development determines that there
has been a violation of the requirements contained in paragraph (1),
(2), (3), or (5) of this proviso, or a pattern or practice of violations
of the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, <<NOTE: Non-
discrimination.>> That in awarding grants for natural family planning
under section 104 of the Foreign Assistance Act of 1961 no applicant
shall be discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or any
other Act authorizing or appropriating funds for foreign operations,
export financing, and related programs, the term ``motivate'', as it
relates to family planning assistance, shall not be construed to
prohibit the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided
further, <<NOTE: Condoms.>> That to the maximum extent feasible, taking
into consideration cost, timely availability, and best health practices,
funds appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available only for
the procurement of condoms manufactured in the United States: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by this
Act shall be medically accurate and shall include the public health
benefits and failure rates of such use.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, and sections 251 through 255, and chapter 10 of part I of the
Foreign Assistance Act of 1961, $1,524,000,000, to remain available
until September 30, 2007: Provided, That $214,000,000 should be
allocated for trade capacity building, of which at least $20,000,000
shall be made available for labor and environmental capacity building
activities relating to the free trade
[[Page 119 STAT. 2177]]
agreement with the countries of Central America and the Dominican
Republic: Provided further, That $365,000,000 should be allocated for
basic education: Provided further, That of the funds appropriated under
this heading and managed by the United States Agency for International
Development Bureau of Democracy, Conflict, and Humanitarian Assistance,
not less than $15,000,000 shall be made available only for programs to
improve women's leadership capacity in recipient countries: Provided
further, That such funds may not be made available for construction:
Provided further, That of the funds appropriated under this heading that
are made available for assistance programs for displaced and orphaned
children and victims of war, not to exceed $42,500, in addition to funds
otherwise available for such purposes, may be used to monitor and
provide oversight of such programs: Provided further, That funds
appropriated under this heading should be made available for programs in
sub-Saharan Africa to address sexual and gender-based violence: Provided
further, That of the aggregate amount of the funds appropriated by this
Act that are made available for agriculture and rural development
programs, $30,000,000 should be made available for plant biotechnology
research and development: Provided further, That not less than
$2,300,000 should be made available for core support for the
International Fertilizer Development Center: Provided further, That of
the funds appropriated under this heading, not less than $20,000,000
should be made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated under this
heading, $10,000,000 may be made available for cooperative development
programs within the Office of Private and Voluntary Cooperation:
Provided further, That of the funds appropriated under this heading,
$2,000,000 shall be made available for reconstruction and development
programs in South Asia: Provided further, That funds should be made
available for activities to reduce the incidence of child marriage in
developing countries: Provided further, That of the funds appropriated
under this heading, up to $20,000,000 should be made available to
develop clean water treatment activities in developing countries:
Provided further, That of the funds appropriated by this Act, not less
than $200,000,000 shall be made available for drinking water supply
projects and related activities, of which not less than $50,000,000
should be made available for programs in Africa.
international disaster and famine assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $365,000,000, to remain
available until expended, of which $20,000,000 should be for famine
prevention and relief.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $40,000,000, to remain available until expended,
to support transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include assistance
to develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided
further, <<NOTE: Reports. Deadline.>> That
[[Page 119 STAT. 2178]]
the United States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days prior to
beginning a new program of assistance: Provided further, That if the
President determines that it is important to the national interests of
the United States to provide transition assistance in excess of the
amount appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$21,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Eastern Europe and the Baltic States'': Provided, That such funds
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of the Act: Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans under this Act
or prior Acts, and funds used for such costs shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, <<NOTE: Applicability. Loans.>> That the provisions of
section 107A(d) (relating to general provisions applicable to the
Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable to direct
loans and loan guarantees provided under this heading: Provided further,
That these funds are available to subsidize total loan principal, any
portion of which is to be guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,000,000, which may be transferred to and merged with the
appropriation for Operating Expenses of the United States Agency for
International Development: Provided, That funds made available under
this heading shall remain available until September 30, 2008.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $41,700,000.
[[Page 119 STAT. 2179]]
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $630,000,000, of which up to
$25,000,000 may remain available until September 30, 2007:
Provided, <<NOTE: Reports. Deadline.>> That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the construction
(including architect and engineering services), purchase, or long-term
lease of offices for use by the United States Agency for International
Development, unless the Administrator has identified such proposed
construction (including architect and engineering services), purchase,
or long-term lease of offices in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of these funds
for such purposes: Provided further, That the previous proviso shall not
apply where the total cost of construction (including architect and
engineering services), purchase, or long-term lease of offices does not
exceed $1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through fiscal year 2007:
Provided further, That none of the funds in this Act may be used to open
a new overseas mission of the United States Agency for International
Development without the prior written notification of the Committees on
Appropriations: Provided further, That the authority of sections 610 and
109 of the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out chapter 1
of part I of such Act to ``Operating Expenses of the United States
Agency for International Development'' in accordance with the provisions
of those sections.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $70,000,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise available
for such purposes: Provided further, That funds appropriated under this
heading shall be available for obligation only pursuant to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading, not to
exceed $48,100,000 may be made available for the purposes of
implementing the Capital Security Cost Sharing Program.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $36,000,000, to remain available
until September 30, 2007, which sum shall be available for the Office of
the Inspector General of the United States Agency for International
Development.
[[Page 119 STAT. 2180]]
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,634,000,000, to remain available until September 30, 2007:
Provided, <<NOTE: Deadline.>> That of the funds appropriated under this
heading, not less than $240,000,000 shall be available only for Israel,
which sum shall be available on a grant basis as a cash transfer and
shall be disbursed within 30 days of the enactment of this Act: Provided
further, That not less than $495,000,000 shall be available only for
Egypt, which sum shall be provided on a grant basis, and of which sum
cash transfer assistance shall be provided with the understanding that
Egypt will undertake significant economic and political reforms which
are additional to those which were undertaken in previous fiscal
years: <<NOTE: Egypt.>> Provided further, That with respect to the
provision of assistance for Egypt for democracy and governance
activities, the organizations implementing such assistance and the
specific nature of that assistance shall not be subject to the prior
approval by the Government of Egypt: Provided further, That of the funds
appropriated under this heading for assistance for Egypt, not less than
$135,000,000 shall be made available for project assistance, of which
not less than $50,000,000 shall be made available for democracy, human
rights and governance programs and not less than $50,000,000 shall be
used for education programs, of which not less than $5,000,000 shall be
made available for scholarships for disadvantaged Egyptian students to
attend American accredited institutions of higher education in Egypt:
Provided further, <<NOTE: Reports.>> That of the funds appropriated
under this heading for assistance for Egypt for economic reform
activities, $227,600,000 shall be withheld from obligation until the
Secretary of State determines and reports to the Committees on
Appropriations that Egypt has met the calendar year 2005 benchmarks
accompanying the ``Financial Sector Reform Memorandum of Understanding''
dated March 20, 2005: Provided further, That $20,000,000 of the funds
appropriated under this heading should be made available for Cyprus to
be used only for scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at reunification of the
island and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus: Provided
further, <<NOTE: Israel. President.>> That in exercising the authority
to provide cash transfer assistance for Israel, the President shall
ensure that the level of such assistance does not cause an adverse
impact on the total level of nonmilitary exports from the United States
to such country and that Israel enters into a side letter agreement in
an amount proportional to the fiscal year 1999 agreement: Provided
further, That of the funds appropriated under this heading, not less
than $250,000,000 should be made available only for assistance for
Jordan: Provided further, That of the funds appropriated under this
heading that are available for assistance for the West Bank and Gaza,
not to exceed $2,000,000 may be used for administrative expenses of the
United States Agency for International Development, in addition to funds
otherwise available for such purposes, to carry out programs in the West
Bank and Gaza: Provided
further, <<NOTE: Certification. Afghanistan. Poppies.>> That not more
than
[[Page 119 STAT. 2181]]
$225,000,000 of the funds made available for assistance for Afghanistan
under this heading may be obligated for such assistance until the
Secretary of State certifies to the Committees on Appropriations that
the Government of Afghanistan at both the national and local level is
cooperating fully with United States funded poppy eradication and
interdiction efforts in Afghanistan: Provided further, That the
President may waive the previous proviso if he determines and reports to
the Committees on Appropriations that to do so is vital to the national
security interests of the United States: Provided further, That such
report shall include an analysis of the steps being taken by the
Government of Afghanistan, at the national and local level, to cooperate
fully with United States funded poppy eradication and interdiction
efforts in Afghanistan: Provided further, That $40,000,000 of the funds
appropriated under this heading shall be made available for assistance
for Lebanon, of which not less than $6,000,000 should be made available
for scholarships and direct support of American educational institutions
in Lebanon: Provided further, That of the funds appropriated under this
heading that are made available for assistance for Iraq, not less than
$5,000,000 shall be transferred to and merged with funds appropriated
under the heading ``Iraq Relief and Reconstruction Fund'' in chapter 2
of title II of Public Law 108-106 and shall be made available for the
Marla Ruzicka Iraqi War Victims Fund: Provided further, That of the
funds appropriated under this heading that are made available for
assistance for Iraq, not less than $56,000,000 shall be made available
for democracy, governance and rule of law programs in Iraq: Provided
further, That of the funds appropriated under this heading, not less
than $19,000,000 shall be made available for assistance for the
Democratic Republic of Timor-Leste, of which up to $1,000,000 may be
available for administrative expenses of the United States Agency for
International Development: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading shall be
made available for programs and activities for the Central Highlands of
Vietnam: Provided further, That funds appropriated under this heading
that are made available for a Middle East Financing Facility, Middle
East Enterprise Fund, or any other similar entity in the Middle East
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of funds
appropriated under this heading, $13,000,000 should be made available
for a United States contribution to the Special Court for Sierra Leone:
Provided further, That with respect to funds appropriated under this
heading in this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, the responsibility
for policy decisions and justifications for the use of such funds,
including whether there will be a program for a country that uses those
funds and the amount of each such program, shall be the responsibility
of the Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $13,500,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in
[[Page 119 STAT. 2182]]
accordance with the provisions of the Anglo-Irish Agreement Support Act
of 1986 (Public Law 99-415): Provided, That such amount shall be
expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That funds made available
under this heading shall remain available until September 30, 2007.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $361,000,000, to remain available until
September 30, 2007, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States: Provided, That of the funds appropriated
under this heading $5,000,000 should be made available for rule of law
programs for the training of judges and prosecutors.
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(c) <<NOTE: Applicability.>> The provisions of section 529 of this
Act shall apply to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act, including
provisions in this subsection regarding the application of section 529
of this Act, local currencies generated by, or converted from, funds
appropriated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989.
(d) <<NOTE: President.>> The President is authorized to withhold
funds appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he determines and
certifies to the Committees on Appropriations that the Federation of
Bosnia and Herzegovina has not complied with article III of annex 1-A of
the General Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and Bosnian
officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapters
11 and 12 of part I of the Foreign Assistance Act of 1961 and the
FREEDOM Support Act, for assistance for the Independent States of the
former Soviet Union and for related programs, $514,000,000, to remain
available until September 30, 2007:
Provided, <<NOTE: Applicability.>> That the provisions of such chapters
shall apply to funds appropriated by this paragraph: Provided further,
That funds made available for the Southern Caucasus region may be used,
notwithstanding any other provision of law, for confidence-building
measures and other activities in furtherance of the peaceful resolution
of the regional conflicts, especially those in the vicinity of Abkhazia
and Nagorno-Karabagh: Provided further, That notwithstanding any
[[Page 119 STAT. 2183]]
other provision of law, funds appropriated under this heading in this
Act or prior Acts making appropriations for foreign operations, export
financing, and related programs, that are made available pursuant to the
provisions of section 807 of Public Law 102-511 shall be subject to a 6
percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading, not less than
$50,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival,
environmental and reproductive health, and to combat HIV/AIDS,
tuberculosis and other infectious diseases, and for related activities.
(c) Of the funds appropriated under this heading that are made
available for assistance for Ukraine, not less than $5,000,000 should be
made available for nuclear reactor safety initiatives, and not less than
$1,500,000 shall be made available for coal mine safety programs.
(d) Of the funds appropriated under this heading, $2,500,000 shall
be made available for the Business Information Service for the Newly
Independent States.
(e)(1) <<NOTE: President. Certification. Russian Federation.>> Of
the funds appropriated under this heading that are allocated for
assistance for the Government of the Russian Federation, 60 percent
shall be withheld from obligation until the President determines and
certifies in writing to the Committees on Appropriations that the
Government of the Russian Federation--
(A) has terminated implementation of arrangements to provide
Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(f) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
[[Page 119 STAT. 2184]]
Independent Agencies
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $19,500,000, to remain available
until September 30, 2007.
african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law 96-533,
$23,000,000, to remain available until September 30, 2007: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the Board of
Directors of the Foundation may waive the $250,000 limitation contained
in that section with respect to a project: Provided
further, <<NOTE: Reports.>> That the Foundation shall provide a report
to the Committees on Appropriations after each time such waiver
authority is exercised.
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside of
the United States, $322,000,000, to remain available until September 30,
2007: Provided, <<NOTE: Abortion.>> That none of the funds appropriated
under this heading shall be used to pay for abortions: Provided further,
That the Director may transfer to the Foreign Currency Fluctuations
Account, as authorized by 22 U.S.C. 2515, an amount not to exceed
$2,000,000: Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made available for
Peace Corps overseas operations.
millennium challenge corporation
For necessary expenses for the ``Millennium Challenge Corporation'',
$1,770,000,000 to remain available until expended: Provided, That of the
funds appropriated under this heading, up to $75,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation: Provided further, That up to 10 percent of the funds
appropriated under this heading may be made available to carry out the
purposes of section 616 of the Millennium Challenge Act of 2003 for
candidate countries for fiscal year 2006: Provided
further, <<NOTE: Reports.>> That none of the funds available to carry
out section 616 of such Act may be made available until the Chief
Executive Officer of the Millennium Challenge Corporation provides a
report to the Committees on Appropriations listing the candidate
countries that will be receiving assistance under section 616 of such
Act, the level of assistance proposed for each such country, a
description of the proposed programs, projects and
[[Page 119 STAT. 2185]]
activities, and the implementing agency or agencies of the United States
Government: Provided further, <<NOTE: Applicability.>> That section
605(e)(4) of the Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the Millennium
Challenge Act of 2003 only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds and the
mutual agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for the
duration of the Compact.
Department of State
global hiv/aids initiative
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the prevention, treatment, and control of,
and research on, HIV/AIDS, $1,995,000,000, to remain available until
expended, of which $200,000,000 shall be made available, notwithstanding
any other provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-
25) for a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
democracy fund
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy,
governance, human rights, independent media, and the rule of law
globally, $95,000,000, to remain available until September 30, 2008:
Provided, That funds appropriated under this heading shall be made
available notwithstanding any other provision of law, and of such funds
$63,200,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, and not less than $15,250,000 shall be made available for the
National Endowment for Democracy: Provided further, That funds
appropriated under this heading are in addition to funds otherwise
available for such purposes: Provided further, That funds made available
by title II of this Act for purposes of this section for any contract,
grant, or cooperative agreement (or any amendment to any contract,
grant, or cooperative agreement) in excess of $10,000,000 shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(b) Funds appropriated in subsection (a) should be made available
for assistance for Taiwan for the purposes of furthering political and
legal reforms: Provided, That such funds shall only be made available to
the extent that they are matched from sources other than the United
States Government.
(c) Funds appropriated in subsection (a) shall be made available for
programs and activities to foster democracy, governance, human rights,
civic education, women's development, press freedom, and the rule of law
in countries located outside the Middle East region with a significant
Muslim population, and where such programs and activities would be
important to United States efforts to respond
[[Page 119 STAT. 2186]]
to, deter, or prevent acts of international terrorism: Provided, That
such funds should support new initiatives and activities in those
countries: Provided further, That of the funds appropriated in
subsection (a) $5,000,000 shall be made available for continuing
programs and activities that provide professional training for
journalists.
(d) Notwithstanding any other provision of law, funds appropriated
by this Act may be made available for democracy, governance, human
rights, and rule of law programs for Syria and Iran: Provided, That not
less than $6,550,000 of the funds appropriated in subsection (a) shall
be made available for programs and activities that support the
advancement of democracy in Iran and Syria.
(e) Funds made available for purposes of this section that are made
available to the National Endowment for Democracy may be made available
notwithstanding any other provision of law or regulation.
(f) Funds made available pursuant to the authority of subsections
(b), (c) and (d) shall be subject to the regular notification procedures
of the Committees on Appropriations.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $477,200,000, to remain available until
September 30, 2008: Provided, That during fiscal year 2006, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country under chapter 8 of
part I of that Act subject to the regular notification procedures of the
Committees on Appropriations: Provided
further, <<NOTE: Deadline. Reports.>> That the Secretary of State shall
provide to the Committees on Appropriations not later than 45 days after
the date of the enactment of this Act and prior to the initial
obligation of funds appropriated under this heading, a report on the
proposed uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided further,
That of the funds appropriated under this heading, not less than
$16,000,000 shall be made available for training programs and activities
of the International Law Enforcement Academies: Provided further, That
$10,000,000 of the funds appropriated under this heading should be made
available for demand reduction programs: Provided further, That of the
funds appropriated under this heading, not more than $33,484,000 may be
available for administrative expenses.
andean counterdrug initiative
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $734,500,000, to remain available until
September 30, 2008: Provided, That in fiscal year 2006, funds available
to the Department of State for assistance to the Government of Colombia
shall be available to support a unified campaign against narcotics
trafficking, against activities by organizations designated as terrorist
organizations such as the Revolutionary Armed Forces of Colombia (FARC),
the National Liberation Army (ELN), and the United Self-Defense Forces
of Colombia (AUC), and to
[[Page 119 STAT. 2187]]
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided
further, That this authority shall cease to be effective if the
Secretary of State has credible evidence that the Colombian Armed Forces
are not conducting vigorous operations to restore government authority
and respect for human rights in areas under the effective control of
paramilitary and guerrilla organizations: Provided
further, <<NOTE: President.>> That the President shall ensure that if
any helicopter procured with funds under this heading is used to aid or
abet the operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately returned to
the United States: Provided further, <<NOTE: Deadline. Reports.>> That
the Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall provide to the
Committees on Appropriations not later than 45 days after the date of
the enactment of this Act and prior to the initial obligation of funds
appropriated under this heading, a report on the proposed uses of all
funds under this heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That funds made
available in this Act for demobilization/reintegration of members of
foreign terrorist organizations in Colombia shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That section 482(b) of
the Foreign Assistance Act of 1961 shall not apply to funds appropriated
under this heading: Provided further, That assistance provided with
funds appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act of 1961
shall be made available subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That of the funds
appropriated under this heading that are available for alternative
development/institution building, not less than $228,772,000 shall be
apportioned directly to the United States Agency for International
Development including $131,232,000 for assistance for Colombia: Provided
further, That with respect to funds apportioned to the United States
Agency for International Development under the previous proviso, the
responsibility for policy decisions for the use of such funds, including
what activities will be funded and the amount of funds that will be
provided for each of those activities, shall be the responsibility of
the Administrator of the United States Agency for International
Development in consultation with the Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs: Provided further,
That of the funds appropriated under this heading, in addition to funds
made available for judicial reform programs in Colombia, not less than
$8,000,000 shall be made
available to the United States Agency for International Develop-
ment for organizations and programs to protect human rights:
Provided further, That not more than 20 percent of the funds
appropriated by this Act that are used for the procurement of
chemicals for aerial coca and poppy fumigation programs may be
made available for such programs unless the Secretary of State
certifies to the Committees on Appropriations that: (1) the herbicide
is being used in accordance with EPA label requirements for com-
parable use in the United States and with Colombian laws; and
(2) the herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the environment
including endemic species: Provided further, That such funds may
[[Page 119 STAT. 2188]]
not be made available unless the Secretary of State certifies to the
Committees on Appropriations that complaints of harm to health or licit
crops caused by such fumigation are evaluated and fair compensation is
being paid for meritorious claims: Provided further, That such funds may
not be made available for such purposes unless programs are being
implemented by the United States Agency for International Development,
the Government of Colombia, or other organizations, in consultation with
local communities, to provide alternative sources of income in areas
where security permits for small-acreage growers whose illicit crops are
targeted for fumigation: Provided further, That of the funds
appropriated under this heading, not less than $2,000,000 should be made
available for programs to protect biodiversity and indigenous reserves
in Colombia: Provided further, That funds appropriated by this Act may
be used for aerial fumigation in Colombia's national parks or reserves
only if the Secretary of State determines that it is in accordance with
Colombian laws and that there are no effective alternatives to reduce
drug cultivation in these areas: Provided further, That no United States
Armed Forces personnel or United States civilian contractor employed by
the United States will participate in any combat operation in connection
with assistance made available by this Act for Colombia: Provided
further, That funds appropriated under this heading that are made
available for assistance for the Bolivian military may be made available
for such purposes only if the Secretary of State certifies that the
Bolivian military is respecting human rights, and civilian judicial
authorities are investigating and prosecuting, with the military's
cooperation, military personnel who have been implicated in gross
violations of human rights: Provided further, That of the funds
appropriated under this heading, not more than $19,015,000 may be
available for administrative expenses of the Department of State, and
not more than $7,800,000 may be available, in addition to amounts
otherwise available for such purposes, for administrative expenses of
the United States Agency for International Development.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$791,000,000, to remain available until expended: Provided, That not
more than $23,000,000 may be available for administrative expenses:
Provided further, That not less than $40,000,000 of the funds made
available under this heading shall be made available for refugees from
the former Soviet Union and Eastern Europe and other refugees resettling
in Israel: Provided further, That funds appropriated under this heading
may be made available for a headquarters contribution to the
International Committee of the Red Cross only if the Secretary of State
determines (and so reports
[[Page 119 STAT. 2189]]
to the appropriate committees of Congress) that the Magen David Adom
Society of Israel is not being denied participation in the activities of
the International Red Cross and Red Crescent Movement: Provided further,
That funds appropriated under this heading should be made available to
develop effective responses to protracted refugee situations, including
the development of programs to assist long-term refugee populations
within and outside traditional camp settings that support refugees
living or working in local communities such as integration of refugees
into local schools and services, resource conservation projects and
other projects designed to diminish conflict between refugee hosting
communities and refugees, and encouraging dialogue among refugee hosting
communities, the United Nations High Commissioner for Refugees, and
international and nongovernmental refugee assistance organizations to
promote the rights to which refugees are entitled under the Convention
Relating to the Status of Refugees of July 28, 1951 and the Protocol
Relating to the Status of Refugees, done at New York January 31, 1967.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $30,000,000, to remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $410,100,000, to carry out
the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961
for demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $37,500,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further, That funds appropriated under this
heading may be made available for the International Atomic Energy Agency
only if the Secretary of State determines (and so reports to the
Congress) that Israel is not being denied its right to participate in
the activities of that Agency: Provided further, That of the funds made
available for demining
[[Page 119 STAT. 2190]]
and related activities, not to exceed $705,000, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of the demining
program: Provided further, That funds appropriated under this heading
that are available for ``Anti-terrorism Assistance'' and ``Export
Control and Border Security'' shall remain available until September 30,
2007.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $20,000,000, to remain available
until September 30, 2008, which shall be available notwithstanding any
other provision of law.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961, of modifying concessional credit agreements with least developed
countries, as authorized under section 411 of the Agricultural Trade
Development and Assistance Act of 1954, as amended, of concessional
loans, guarantees and credit agreements, as authorized under section 572
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into law by
section 1000(a)(5) of Public Law 106-113, $65,000,000, to remain
available until September 30, 2008: Provided, That not less than
$20,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the enhanced
HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible
evidence that the government of such country is engaged in a consistent
pattern of gross violations of internationally recognized human rights
or in military or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty and to devote adequate human
and financial resources to that end: Provided further, That on the basis
of final appropriations, the Secretary of the Treasury shall consult
with the Committees on Appropriations concerning which countries and
international
[[Page 119 STAT. 2191]]
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary of the
Treasury shall inform the Committees on Appropriations not less than 15
days in advance of the signature of an agreement by the United States to
make payments to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC Trust Fund
only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to accept
new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote economic
growth that are additional to or expand upon those previously
available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided
further, <<NOTE: Notification.>> That none of the funds made available
under this heading in this or any other appropriations Act shall be made
available for Sudan or Burma unless the Secretary of the Treasury
determines and notifies the Committees on Appropriations that a
democratically elected government has taken office.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $86,744,000, of which up to
$3,000,000 may remain available until expended: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members of
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under this
heading for military education and training for Guatemala may only be
available for expanded international military education and training,
and funds made available for Haiti, the Democratic Republic of the
Congo, and Nigeria may only be provided through the regular notification
procedures of the Committees on Appropriations.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,500,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,280,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be
[[Page 119 STAT. 2192]]
made available for grants only for Egypt: Provided
further, <<NOTE: Israel. Deadline.>> That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the enactment
of this Act: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made
available for Israel by this paragraph shall, as agreed by Israel and
the United States, be available for advanced weapons systems, of which
not less than $595,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, $210,000,000 shall be made available for assistance for
Jordan: Provided further, That funds appropriated or otherwise made
available by this paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 515 of
this Act: Provided further, That none of the funds appropriated under
this heading shall be available for assistance for Sudan and Guatemala:
Provided further, That none of the funds appropriated under this heading
may be made available for assistance for Haiti except pursuant to the
regular notification procedures of the Committees on Appropriations:
Provided further, That funds made available under this heading may be
used, notwithstanding any other provision of law, for demining, the
clearance of unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services or design
and construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and services:
Provided further, That not more than $42,500,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs of
administering military assistance and sales: Provided further, That not
more than $373,000,000 of funds realized pursuant to section 21(e)(1)(A)
of the Arms Export Control Act may be obligated for expenses incurred by
the Department of Defense during fiscal year 2006 pursuant to section
43(b) of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
[[Page 119 STAT. 2193]]
Committees on Appropriations: Provided
further, <<NOTE: Egypt. Deadline.>> That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year 2006
shall be transferred to an interest bearing account for Egypt in the
Federal Reserve Bank of New York within 30 days of enactment of this
Act.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $175,000,000: Provided, That none of
the funds appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $80,000,000 to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility (GEF), by the
Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $950,000,000, to remain available until
expended.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $1,300,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Multilateral Investment Guarantee
Agency may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital in an amount
not to exceed $8,126,527.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation by the
Secretary of the Treasury, $1,741,515, to remain available until
expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $1,741,515, to remain available until
expended.
[[Page 119 STAT. 2194]]
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $100,000,000,
to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $3,638,000, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $88,333,855.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$135,700,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $1,015,677 for the United States share
of the paid-in portion of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $2,249,888.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $15,000,000, to remain available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $329,458,000:
Provided, That none of the funds appropriated under this heading may be
made available to the International Atomic Energy Agency (IAEA).
[[Page 119 STAT. 2195]]
TITLE V--GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 501. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
restrictions on voluntary contributions to united nations agencies
Sec. 502. None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if the
United Nations implements or imposes any taxation on any United States
persons.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $100,500 shall be for official residence
expenses of the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
unobligated balances report
Sec. 504. Any Department or Agency to which funds are appropriated
or otherwise made available by this Act shall provide to the Committees
on Appropriations a quarterly accounting by program, project, and
activity of the funds received by such Department or Agency in this
fiscal year or any previous fiscal year that remain unobligated and
unexpended.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $250,000 shall be available for representation
and entertainment allowances, of which not to exceed $2,500 shall be
available for entertainment allowances, for the United
[[Page 119 STAT. 2196]]
States Agency for International Development during the current fiscal
year: Provided, That no such entertainment funds may be used for the
purposes listed in section 548 of this Act: Provided further, That
appropriate steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized in lieu of
dollars: Provided further, That of the funds made available by this Act
for general costs of administering military assistance and sales under
the heading ``Foreign Military Financing Program'', not to exceed $4,000
shall be available for entertainment expenses and not to exceed $130,000
shall be available for representation allowances: Provided further, That
of the funds made available by this Act under the heading
``International Military Education and Training'', not to exceed $55,000
shall be available for entertainment allowances: Provided further, That
of the funds made available by this Act for the Inter-American
Foundation, not to exceed $2,000 shall be available for entertainment
and representation allowances: Provided further, That of the funds made
available by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses: Provided further,
That of the funds made available by this Act under the heading ``Trade
and Development Agency'', not to exceed $4,000 shall be available for
representation and entertainment allowances: Provided further, That of
the funds made available by this Act under the heading ``Millennium
Challenge Corporation'', not to exceed $115,000 shall be available for
representation and entertainment allowances.
prohibition on taxation of united states assistance
Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide assistance for
a foreign country under a new bilateral agreement governing the terms
and conditions under which such assistance is to be provided unless such
agreement includes a provision stating that assistance provided by the
United States shall be exempt from taxation, or reimbursed, by the
foreign government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as necessary,
to conform with this requirement.
(b) <<NOTE: Certification. Reports.>> Reimbursement of Foreign
Taxes.--An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2006 on funds appropriated by this Act by a foreign
government or entity against commodities financed under United States
assistance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors and subcontractors shall be
withheld from obligation from funds appropriated for assistance for
fiscal year 2007 and allocated for the central government of such
country and for the West Bank and Gaza Program to the extent that the
Secretary of State certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance to countries which do not assess taxes on United States
assistance or which have an effective
[[Page 119 STAT. 2197]]
arrangement that is providing substantial reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the policy of this section to ensure
that United States assistance is not subject to
taxation.
(2) <<NOTE: Deadline.>> The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
country or entity.
(f) <<NOTE: Regulations.>> Implementation.--The Secretary of State
shall issue rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained
in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, Libya, North Korea, Iran, or
Syria: Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits,
insurance and guarantees of the Export-Import Bank or its agents:
Provided further, That for purposes of this section, the prohibition
shall not include activities of the Overseas Private Investment
Corporation in Libya: Provided further, That the prohibition shall not
include direct loans, credits, insurance and guarantees made available
by the Export-Import Bank or its agents for or in Libya.
military coups
Sec. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance to the government of any country whose duly elected head
of government is deposed by military coup or decree:
Provided, <<NOTE: President. Certification.>> That assistance may be
resumed to such
[[Page 119 STAT. 2198]]
government if the President determines and certifies to the Committees
on Appropriations that subsequent to the termination of assistance a
democratically elected government has taken office: Provided further,
That the provisions of this section shall not apply to assistance to
promote democratic elections or public participation in democratic
processes: Provided further, That funds made available pursuant to the
previous provisos shall be subject to the regular notification
procedures of the Committees on Appropriations.
transfers
Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of
the funds made available by this Act may be transferred to any
department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made by,
or authorized elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961 may be
allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) <<NOTE: President. Deadline.>> Transfers Between Accounts.--None
of the funds made available by this Act may be obligated under an
appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President,
not less than 5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees on
Appropriations of the House of Representatives and the Senate.
(c) Audit of Inter-Agency Transfers.--Any agreement for the transfer
or allocation of funds appropriated by this Act, or prior Acts, entered
into between the United States Agency for International Development and
another agency of the United States Government under the authority of
section 632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of the
Inspector General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits of the
use of such funds: Provided, That funds transferred under such authority
may be made available for the cost of such audits.
commercial leasing of defense articles
Sec. 510. Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel, Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian application), if
the President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under such
Act.
[[Page 119 STAT. 2199]]
availability of funds
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part
I, section 667, chapters 4, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional 4 years from
the date on which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 which are allocated
or obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
until expended.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to the government of any country which is
in default during a period in excess of 1 calendar year in payment to
the United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program
for which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national
interest of the United States.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment
of its Board of Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for
[[Page 119 STAT. 2200]]
export which would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury
shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated or
made available pursuant to this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'', ``Assistance
for the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Capital Investment Fund'', ``Operating
Expenses of the United States Agency for International Development'',
``Operating Expenses of the United States Agency for International
Development Office of Inspector General'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium Challenge
Corporation'' (by country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for obligation
for activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of the amount
justified to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in advance:
Provided, <<NOTE: President.>> That the President shall not enter into
any commitment of funds appropriated for the purposes of section 23 of
the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major defense
items defined to be aircraft, ships, missiles, or combat
[[Page 119 STAT. 2201]]
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That this section shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under title II of this Act of less than 10 percent of the amount
previously justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided further, That
the requirements of this section or any similar provision of this Act or
any other Act, including any prior Act requiring notification in
accordance with the regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose a
substantial risk to human health or welfare: Provided further, That in
case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context of
the circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
limitation on availability of funds for international organizations and
programs
Sec. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2007.
independent states of the former soviet union
Sec. 517. <<NOTE: 22 USC 5814 note.>> (a) None of the funds
appropriated under the heading ``Assistance for the Independent States
of the Former Soviet Union'' shall be made available for assistance for
a government of an Independent State of the former Soviet Union if that
government directs any action in violation of the territorial integrity
or national sovereignty of any other Independent State of the former
Soviet Union, such as those violations included in the Helsinki Final
Act: Provided, That such funds may be made available without regard to
the restriction in this subsection if the President determines that to
do so is in the national security interest of the United States.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(c) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on Appropriations.
[[Page 119 STAT. 2202]]
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts
under the heading ``Assistance for the Independent States of the Former
Soviet Union'' and under comparable headings in prior appropriations
Acts, for projects or activities that have as one of their primary
purposes the fostering of private sector development, the Coordinator
for United States Assistance to Europe and Eurasia and the implementing
agency shall encourage the participation of and give significant weight
to contractors and grantees who propose investing a significant amount
of their own resources (including volunteer services and in-kind
contributions) in such projects and activities.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2006, for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
special notification requirements
Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for assistance for Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or Cambodia except as provided through the
[[Page 119 STAT. 2203]]
regular notification procedures of the Committees on Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include central, country, regional, and
program level funding, either as: (1) justified to the Congress; or
(2) <<NOTE: Reports. Deadline.>> allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961.
child survival and health activities
Sec. 522. Up to $13,500,000 of the funds made available by this Act
for assistance under the heading ``Child Survival and Health Programs
Fund'', may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of carrying out
activities under that heading: Provided, That up to $3,500,000 of the
funds made available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such agencies,
institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided
further, <<NOTE: HIV/AIDS.>> That funds appropriated by titles II and
III of this Act that are made available for bilateral assistance for
child survival activities or disease programs including activities
relating to research on, and the prevention, treatment and control of,
HIV/AIDS may be made available notwithstanding any other provision of
law except for the provisions under the heading ``Child Survival and
Health Programs Fund'' and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.
7601 et seq.), as amended: Provided further, That of the funds
appropriated under title II of this Act, not less than $440,000,000
shall be made available for family planning/reproductive health:
Provided further, <<NOTE: Audit.>> That the Comptroller General of the
United States shall conduct an audit on the use of funds appropriated
for fiscal years 2004 and 2005 under the heading ``Child Survival and
Health Programs Fund'', to include specific recommendations on improving
the effectiveness of such funds.
[[Page 119 STAT. 2204]]
afghanistan
Sec. 523. Of the funds appropriated by titles II and III of this
Act, not less than $931,400,000 should be made available for
humanitarian, reconstruction, and related assistance for Afghanistan:
Provided, That of the funds made available pursuant to this section, not
less than $3,000,000 should be made available for reforestation
activities: Provided further, That funds made available pursuant to the
previous proviso should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided further,
That of the funds allocated for assistance for Afghanistan from this Act
and other Acts making appropriations for foreign operations, export
financing, and related programs for fiscal year 2006, not less than
$50,000,000 should be made available to support programs that directly
address the needs of Afghan women and girls, of which not less than
$7,500,000 shall be made available for grants to support training and
equipment to improve the capacity of women-led Afghan nongovernmental
organizations and to support the activities of such organizations:
Provided further, That of the funds made available pursuant to this
section, not less than $2,000,000 should be made available for the
Afghan Independent Human Rights Commission and for other Afghan human
rights organizations.
notification on excess defense equipment
Sec. 524. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
hiv/aids
Sec. 525. <<NOTE: Certification.>> (a) Notwithstanding any other
provision of this Act, 20 percent of the funds that are appropriated by
this Act for a contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be withheld from
obligation to the Global Fund until the Secretary of State certifies to
the Committees on Appropriations that the Global Fund--
(1) has established clear progress indicators upon which to
determine the release of incremental disbursements;
(2) is releasing such incremental disbursements only if
progress is being made based on those indicators; and
[[Page 119 STAT. 2205]]
(3) is providing support and oversight to country-level
entities, such as country coordinating mechanisms, principal
recipients, and local Fund agents, to enable them to fulfill
their mandates.
(b) The Secretary of State may waive subsection (a) if the Secretary
determines and reports to the Committees on Appropriations that such
waiver is important to the national interest of the United States.
burma
Sec. 526. <<NOTE: 50 USC 1701 note.>> (a) The Secretary of the
Treasury shall instruct the United States executive director to each
appropriate international financial institution in which the United
States participates, to oppose and vote against the extension by such
institution of any loan or financial or technical assistance or any
other utilization of funds of the respective bank to and for Burma.
(b) Of the funds appropriated under the heading ``Economic Support
Fund'', not less than $11,000,000 shall be made available to support
democracy activities in Burma, along the Burma-Thailand border, for
activities of Burmese student groups and other organizations located
outside Burma, and for the purpose of supporting the provision of
humanitarian assistance to displaced Burmese along Burma's borders:
Provided, That funds made available under this heading may be made
available notwithstanding any other provision of law: Provided further,
That in addition to assistance for Burmese refugees provided under the
heading ``Migration and Refugee Assistance'' in this Act, not less than
$3,000,000 shall be made available for assistance for community-based
organizations operating in Thailand to provide food, medical and other
humanitarian assistance to internally displaced persons in eastern
Burma: Provided further, That funds made available under this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) <<NOTE: President.>> The President shall include amounts
expended by the Global Fund to Fight AIDS, Tuberculosis and Malaria to
the State Peace and Development Council in Burma, directly or through
groups and organizations affiliated with the Global Fund, in making
determinations regarding the amount to be withheld by the United States
from its contribution to the Global Fund pursuant to section
202(d)(4)(A)(ii) of Public Law 108-25.
prohibition on bilateral assistance to terrorist countries
Sec. 527. <<NOTE: President.>> (a) Funds appropriated for bilateral
assistance under any heading of this Act and funds appropriated under
any such heading in a provision of law enacted prior to the enactment of
this Act, shall not be made available to any country which the President
determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. <<NOTE: President. Federal
Register, publication. Deadline. Notification.>> The President shall
publish each waiver in the Federal Register and, at least 15 days
[[Page 119 STAT. 2206]]
before the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures of the
Committees on Appropriations.
debt-for-development
Sec. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development may
place in interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under title II
of this Act and, subject to the regular notification procedures of the
Committees on Appropriations, any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
separate accounts
Sec. 529. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for
Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of
that country, the Administrator of the United States Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
[[Page 119 STAT. 2207]]
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account established
pursuant to subsection (a) shall be disposed of for such
purposes as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted to
the Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) <<NOTE: President.>> Notification.--At least 15 days
prior to obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification through
the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by
the assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on Appropriations.
enterprise fund restrictions
Sec. 530. <<NOTE: President.>> (a) Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
Committees on Appropriations, in accordance with the regular
notification procedures of the Committees on Appropriations, a plan for
the distribution of the assets of the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds shall be
expended at the minimum rate necessary to make timely payment for
projects and activities.
[[Page 119 STAT. 2208]]
financial market assistance in transition countries
Sec. 531. Of the funds appropriated by this Act under the headings
``Trade and Development Agency'', ``Development Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``International
Affairs Technical Assistance'', ``Assistance for the Independent States
of the Former Soviet Union'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made available for
building capital markets and financial systems in countries in
transition.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 532. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. <<NOTE: Reports.>> The agency shall promptly report to the
Committees on Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which assistance is
prohibited.
impact on jobs in the united states
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
special authorities
Sec. 534. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--Funds
appropriated by this Act that are made available for assistance for
Afghanistan may be made available notwithstanding section 512 of this
Act or any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles I and II of
this Act that are made available for Iraq, Lebanon, Montenegro,
Pakistan, and for victims of war, displaced children, and displaced
Burmese, and to assist victims
[[Page 119 STAT. 2209]]
of trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other provision
of law.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance Act
of 1961 may be used, notwithstanding any other provision of law, for the
purpose of supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to sections
116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the United
States Agency for International Development to employ up to 25 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be assigned to
any bureau or office: Provided further, That such funds appropriated to
carry out title II of the Agricultural Trade Development and Assistance
Act of 1954, may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the President
pro tempore of the Senate that it is important to the national security
interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United
States Agency for International Development may provide an exception to
the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small
disadvantaged business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2005 (enacted
as division D of Public Law 108-447; 118 Stat. 3038) is amended by
striking ``and 2005'' and inserting ``through 2007''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(h) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of
[[Page 119 STAT. 2210]]
the United States Agency for International Development, from this or any
other Act, not less than $10,000,000 shall be made available as a
general contribution to the World Food Program, notwithstanding any
other provision of law.
(i) University Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading ``Development
Assistance'' in this Act, up to $5,000,000 shall be made available to
American educational institutions for programs and activities in the
People's Republic of China relating to the environment, democracy, and
the rule of law: Provided, That funds made available pursuant to this
authority shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Extension of Authority.--
(1) With respect to funds appropriated by this Act that are
available for assistance for Pakistan, the President may waive
the prohibition on assistance contained in section 508 of this
Act subject to the requirements contained in section 1(b) of
Public Law 107-57, as amended, for a determination and
certification, and consultation, by the President prior to the
exercise of such waiver authority.
(2) Section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961 shall not apply with respect to
assistance for Pakistan from funds appropriated by this Act.
(3) Notwithstanding the date contained in section 6 of
Public Law 107-57, as amended, the provisions of sections 2 and
4 of that Act shall remain in effect through the current fiscal
year.
(k) Middle East Foundation.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available for the
Middle East Partnership Initiative, up to $35,000,000 may be made
available, including as an endowment, notwithstanding any other
provision of law and following consultations with the Committees on
Appropriations, to establish and operate a Middle East Foundation, or
any other similar entity, whose purpose is to support democracy,
governance, human rights, and the rule of law in the Middle East region:
Provided, That such funds may be made available to the Foundation only
to the extent that the Foundation has commitments from sources other
than the United States Government to at least match the funds provided
under the authority of this subsection: Provided further, That
provisions contained in section 201 of the Support for East European
Democracy (SEED) Act of 1989 (excluding the authorizations of
appropriations provided in subsection (b) of that section) shall be
deemed to apply to any such foundation or similar entity referred to
under this subsection, and to funds made available to such entity, in
order to enable it to provide assistance for purposes of this section:
Provided further, That prior to the initial obligation of funds for any
such foundation or similar entity pursuant to the authorities of this
subsection, other than for administrative support, the Secretary of
State shall take steps to ensure, on an ongoing basis, that any such
funds made available pursuant to such authorities are not provided to or
through any individual or group that the management of the foundation or
similar entity knows or has reason to believe, advocates, plans,
sponsors, or otherwise engages in terrorist
activities: <<NOTE: Applicability.>> Provided further, That section 530
of this Act shall apply to any such foundation or similar entity
established pursuant to this subsection: <<NOTE: Termination
date.>> Provided further,
[[Page 119 STAT. 2211]]
That the authority of the Foundation, or any similar entity, to provide
assistance shall cease to be effective on September 30, 2010.
(l) Extension of Authority.--(1) Section 21(h)(1)(A) of the Arms
Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended by inserting
after ``North Atlantic Treaty Organization'' the following: ``or the
Governments of Australia, New Zealand, Japan, or Israel''.
(2) Section 21(h)(2) of the Arms Export Control Act (22
U.S.C. 2761(h)(2)) is amended by striking ``or to any member
government that Organization if that Organization or member
government'' and inserting the following: ``, to any member of
that Organization, or to the Governments of Australia, New
Zealand, Japan, or Israel if that Organization, member
government, or the Governments of Australia, New Zealand, Japan,
or Israel''.
(3) Section 541 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347) is amended--
(A) in the first sentence, by striking ``The
President'' and inserting ``(a) The President''; and
(B) by adding at the end the following new
subsection:
``(b) <<NOTE: President.>> The President shall seek reimbursement
for military education and training furnished under this chapter from
countries using assistance under section 23 of the Arms Export Control
Act (22 U.S.C. 2763, relating to the Foreign Military Financing Program)
to purchase such military education and training at a rate comparable to
the rate charged to countries receiving grant assistance for military
education and training under this chapter.''.
(m) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2005''
and inserting ``2005, and 2006''; and
(B) in subsection (e), by striking ``2005'' each
place it appears and inserting ``2006''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2005'' and inserting ``2006''.
arab league boycott of israel
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
[[Page 119 STAT. 2212]]
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
eligibility for assistance
Sec. 536. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic
States'': <<NOTE: President. Notification.>> Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2006, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
reservations of funds
Sec. 537. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act:
Provided, That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
[[Page 119 STAT. 2213]]
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
that are earmarked for particular programs or activities by this or any
other Act shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
ceilings and earmarks
Sec. 538. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so directs.
Earmarks or minimum funding requirements contained in any other Act
shall not be applicable to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 539. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $25,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533.
prohibition of payments to united nations members
Sec. 540. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
nongovernmental organizations--documentation
Sec. 541. None of the funds appropriated or made available pursuant
to this Act shall be available to a nongovernmental organization which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the United States Agency for
International Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 542. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is
[[Page 119 STAT. 2214]]
a terrorist government for purposes of section 6(j) of the Export
Administration Act of 1979. <<NOTE: Termination date.>> The prohibition
under this section with respect to a foreign government shall terminate
12 months after that government ceases to provide such military
equipment. This section applies <<NOTE: Applicability.>> with respect to
lethal military equipment provided under a contract entered into after
October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of the
United States.
(c) <<NOTE: President. Reports.>> Whenever the waiver authority of
subsection (b) is exercised, the President shall submit to the
appropriate congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the estimated
dollar amount of such assistance, and an explanation of how the
assistance furthers United States national interests.
withholding of assistance for parking fines and real property taxes owed
by foreign countries
Sec. 543. <<NOTE: Certification.>> (a) Subject to subsection (c), of
the funds appropriated by this Act that are made available for
assistance for a foreign country, an amount equal to 110 percent of the
total amount of the unpaid fully adjudicated parking fines and penalties
and unpaid property taxes owed by the central government of such country
shall be withheld from obligation for assistance for the central
government of such country until the Secretary of State submits a
certification to the appropriate congressional committees stating that
such parking fines and penalties and unpaid property taxes are fully
paid.
(b) Funds withheld from obligation pursuant to subsection (a) may be
made available for other programs or activities funded by this Act,
after consultation with and subject to the regular notification
procedures of the appropriate congressional committees, provided that no
such funds shall be made available for assistance for the central
government of a foreign country that has not paid the total amount of
the fully adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been withheld
under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set forth
in subsection (a) with respect to parking fines and penalties no sooner
than 60 days from the date of enactment of this Act, or at any time with
respect to a particular country, if the Secretary determines that it is
in the national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set forth in
subsection (a) with respect to the unpaid property taxes if the
Secretary of State determines that it is in the national interests of
the United States to do so.
(e) <<NOTE: Deadline. Reports.>> Not later than 6 months after the
initial exercise of the waiver authority in subsection (d), the
Secretary of State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being taken, to
collect the parking fines and penalties and unpaid property taxes and
[[Page 119 STAT. 2215]]
interest owed by nations receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional committees'' means
the Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives.
(2) The term ``fully adjudicated'' includes circumstances in
which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation
summons; or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(3) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2005.
(4) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against such
country by a court of the United States or any State or
subdivision thereof.
limitation on assistance for the plo for the west bank and gaza
Sec. 544. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds appropriated by this Act may not be obligated
for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
war crimes tribunals drawdown
Sec. 545. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
to $30,000,000 of commodities and services for the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish or authorize to deal with such violations,
without regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under section
[[Page 119 STAT. 2216]]
552(c): Provided further, That the drawdown made under this section for
any tribunal shall not be construed as an endorsement or precedent for
the establishment of any standing or permanent international criminal
tribunal or court: Provided further, That funds made available for
tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra
Leone shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
landmines
Sec. 546. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International
Development and the Department of State and used in support of the
clearance of landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries, subject to
such terms and conditions as the President may prescribe.
restrictions concerning the palestinian authority
Sec. 547. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office of
any department or agency of the United States Government for the purpose
of conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose of conducting
official United States Government business with such authority should
continue to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian Authority),
have social contacts, and have incidental discussions.
prohibition of payment of certain expenses
Sec. 548. None of the funds appropriated or otherwise made available
by this Act under the heading ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Child Survival and Health
Programs Fund'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
[[Page 119 STAT. 2217]]
haiti
Sec. 549. (a) Of the funds appropriated by this Act, the following
amounts shall be made available for assistance for Haiti--
(1) $20,000,000 from ``Child Survival and Health Programs
Fund'';
(2) $30,000,000 from ``Development Assistance'';
(3) $50,000,000 from ``Economic Support Fund'';
(4) $15,000,000 from ``International Narcotics Control and
Law Enforcement'';
(5) $1,000,000 from ``Foreign Military Financing Program'';
and
(6) $215,000 from ``International Military Education and
Training''.
(b) The Government of Haiti shall be eligible to purchase defense
articles and services under the Arms Export Control Act (22 U.S.C. 2751
et seq.), for the Coast Guard.
(c) <<NOTE: Certification.>> None of the funds made available in
this Act under the heading ``International Narcotics Control and Law
Enforcement'' may be used to transfer excess weapons, ammunition or
other lethal property of an agency of the United States Government to
the Government of Haiti for use by the Haitian National Police until the
Secretary of State certifies to the Committees on Appropriations that:
(1) the United Nations Mission in Haiti (MINUSTAH) has carried out the
vetting of the senior levels of the Haitian National Police and has
ensured that those credibly alleged to have committed serious crimes,
including drug trafficking and human rights violations, have been
suspended; and (2) the Transitional Haitian National Government is
cooperating in a reform and restructuring plan for the Haitian National
Police and the reform of the judicial system as called for in United
Nations Security Council Resolution 1608 adopted on June 22, 2005.
limitation on assistance to the palestinian authority
Sec. 550. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) <<NOTE: President. Certification.>> Waiver.--The prohibition
included in subsection (a) shall not apply if the President certifies in
writing to the Speaker of the House of Representatives and the President
pro tempore of the Senate that waiving such prohibition is important to
the national security interests of the United States.
(c) <<NOTE: Termination date.>> Period of Application of Waiver.--
Any waiver pursuant to subsection (b) shall be effective for no more
than a period of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(d) <<NOTE: President.>> Report.--Whenever the waiver authority
pursuant to subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the steps the
Palestinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure. The report shall also
include a description of how funds will be spent and the accounting
procedures in place to ensure that they are properly disbursed.
[[Page 119 STAT. 2218]]
limitation on assistance to security forces
Sec. 551. <<NOTE: Human rights.>> None of the funds made available
by this Act may be provided to any unit of the security forces of a
foreign country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights, unless the
Secretary determines and reports to the Committees on Appropriations
that the government of such country is taking effective measures to
bring the responsible members of the security forces unit to justice:
Provided, That nothing in this section shall be construed to withhold
funds made available by this Act from any unit of the security forces of
a foreign country not credibly alleged to be involved in gross
violations of human rights: Provided further, That in the event that
funds are withheld from any unit pursuant to this section, the Secretary
of State shall promptly inform the foreign government of the basis for
such action and shall, to the maximum extent practicable, assist the
foreign government in taking effective measures to bring the responsible
members of the security forces to justice.
foreign military training report
Sec. 552. The annual foreign military training report required by
section 656 of the Foreign Assistance Act of 1961 shall be submitted by
the Secretary of Defense and the Secretary of State to the Committees on
Appropriations of the House of Representatives and the Senate by the
date specified in that section.
authorization requirement
Sec. 553. Funds appropriated by this Act, except funds appropriated
under the headings ``Trade and Development Agency'', ``Overseas Private
Investment Corporation'', and ``Global HIV/AIDS Initiative'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
and section 15 of the State Department Basic Authorities Act of 1956.
cambodia
Sec. 554. (a)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic education,
reproductive and maternal and child health, cultural and historic
preservation, programs for the prevention, treatment, and control of,
and research on, HIV/AIDS, tuberculosis, malaria, polio and other
infectious diseases, development and implementation of legislation and
implementation of procedures on inter-country adoptions consistent with
international standards, rule of law programs, counternarcotics
programs, programs to combat human trafficking that are provided through
nongovernmental organizations, anti-corruption programs, and for the
Ministry of Women and Veterans Affairs to combat human trafficking.
(b) Notwithstanding any provision of this or any other Act, of the
funds appropriated by this Act under the heading ``Economic Support
Fund'', $15,000,000 shall be made available for activities to support
democracy, the rule of law, and human rights, including assistance for
democratic political parties in Cambodia.
[[Page 119 STAT. 2219]]
(c) Funds appropriated by this Act to carry out provisions of
section 541 of the Foreign Assistance Act of 1961 may be made available
notwithstanding subsection (a).
palestinian statehood
Sec. 555. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the
appropriate congressional committees that--
(1) a new leadership of a Palestinian governing entity has
been democratically elected through credible and competitive
elections;
(2) the elected governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures;
(C) is establishing a new Palestinian security
entity that is cooperative with appropriate Israeli and
other appropriate security organizations; and
(3) the Palestinian Authority (or the governing body of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the newly-
elected governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he determines
that it is vital to the national security interests of the United States
to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or a newly-elected governing entity, in order
to help meet the requirements of subsection (a), consistent with the
provisions of section 550 of this Act (``Limitation on Assistance to the
Palestinian Authority'').
[[Page 119 STAT. 2220]]
colombia
Sec. 556. (a) Determination and Certification Required.--Funds
appropriated by this Act that are available for assistance for the
Colombian Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated prior to
a determination and certification by the Secretary of State
pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be obligated only
after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed
Forces is suspending from the Armed Forces those
members, of whatever rank who, according to the Minister
of Defense or the Procuraduria General de la Nacion,
have been credibly alleged to have committed gross
violations of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary
organizations.
(B) The Colombian Government is vigorously
investigating and prosecuting those members of the
Colombian Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross violations of
human rights, including extra-judicial killings, or to
have aided or abetted paramilitary organizations, and is
promptly punishing those members of the Colombian Armed
Forces found to have committed such violations of human
rights or to have aided or abetted paramilitary
organizations.
(C) The Colombian Armed Forces have made substantial
progress in cooperating with civilian prosecutors and
judicial authorities in such cases (including providing
requested information, such as the identity of persons
suspended from the Armed Forces and the nature and cause
of the suspension, and access to witnesses, relevant
military documents, and other requested information).
(D) The Colombian Armed Forces have made substantial
progress in severing links (including denying access to
military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit
cooperation) at the command, battalion, and brigade
levels, with paramilitary organizations, especially in
regions where these organizations have a significant
presence.
(E) The Colombian Government is dismantling
paramilitary leadership and financial networks by
arresting commanders and financial backers, especially
in regions where these networks have a significant
presence.
(F) The Colombian Government is taking effective
steps to ensure that the Colombian Armed Forces are not
violating the land and property rights of Colombia's
indigenous communities.
(3) The balance of such funds may be obligated after July
31, 2006, if the Secretary of State certifies and reports to the
appropriate congressional committees, after such date, that the
Colombian Armed Forces are continuing to meet the conditions
contained in paragraph (2) and are conducting vigorous
operations to restore government authority and respect for human
rights in areas under the effective control of paramilitary and
guerrilla organizations.
[[Page 119 STAT. 2221]]
(b) Congressional Notification.--Funds made available by this Act
for the Colombian Armed Forces shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) <<NOTE: Deadlines. Termination date. Human
rights.>> Consultative Process.--Not later than 60 days after the date
of enactment of this Act, and every 90 days thereafter until September
30, 2007, the Secretary of State shall consult with internationally
recognized human rights organizations regarding progress in meeting the
conditions contained in subsection (a).
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the
activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.
illegal armed groups
Sec. 557. (a) Denial of Visas to Supporters of Colombian Illegal
Armed Groups.--Subject to subsection (b), the Secretary of State shall
not issue a visa to any alien who the Secretary determines, based on
credible evidence--
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC),
including taking actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the Secretary of
State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa to the
alien is necessary to support the peace process in Colombia or for
urgent humanitarian reasons.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 558. None of the funds appropriated or otherwise made available
by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
west bank and gaza program
Sec. 559. <<NOTE: Deadline. Certification. Procedures.>> (a)
Oversight.--For fiscal year 2006, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the appropriate committees of
Congress that procedures have been established to assure the Comptroller
General of the United States will have access to appropriate United
States financial information in order to review the uses of United
States assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
[[Page 119 STAT. 2222]]
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity. The
Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which he has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--None of the funds appropriated by this Act for
assistance under the West Bank and Gaza program may be made available
for the purpose of recognizing or otherwise honoring individuals who
commit, or have committed, acts of terrorism.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and subgrantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance
for the West Bank and Gaza, up to $1,000,000 may be used by the
Office of the Inspector General of the United States Agency for
International Development for audits, inspections, and other
activities in furtherance of the requirements of this
subsection. Such funds are in addition to funds otherwise
available for such purposes.
(e) <<NOTE: Audits.>> Subsequent to the certification specified in
subsection (a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program in fiscal
year 2006 under the heading ``Economic Support Fund''. The audit shall
address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) <<NOTE: Deadline. Reports.>> Not later than 180 days after
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.
contributions to united nations population fund
Sec. 560. (a) Limitations on Amount of Contribution.--Of the amounts
made available under ``International Organizations and Programs'' and
``Child Survival and Health Programs Fund'' for fiscal year 2006,
$34,000,000 shall be made available for the United Nations Population
Fund (hereafter in this section referred to as the ``UNFPA''): Provided,
That of this amount, not less than $22,500,000 shall be derived from
funds appropriated under the heading ``International Organizations and
Programs''.
[[Page 119 STAT. 2223]]
(b) Availability of Funds.--Funds appropriated under the heading
``International Organizations and Programs'' in this Act that are
available for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to ``Child
Survival and Health Programs Fund'' and shall be made available for
family planning, maternal, and reproductive health activities, subject
to the regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available under ``International Organizations and Programs'' may be made
available for the UNFPA for a country program in the People's Republic
of China.
(d) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' for fiscal year 2006
for the UNFPA may not be made available to UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts of
the UNFPA;
(2) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
war criminals
Sec. 561. (a)(1) None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance, and
the Secretary of the Treasury shall instruct the United States executive
directors to the international financial institutions to vote against
any new project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as determined by
the Secretary of State, to take necessary and significant steps to
implement its international legal obligations to apprehend and transfer
to the International Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been indicted by
the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) <<NOTE: Applicability. Reports.>> The provisions of subsection
(a) shall apply unless the Secretary of State determines and reports to
the appropriate congressional committees that the competent authorities
of such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) <<NOTE: Deadline. Justification.>> Not less than 10 days before
any vote in an international financial institution regarding the
extension of any new project involving financial or technical assistance
or grants to any country or entity described in subsection (a), the
Secretary of the Treasury, in consultation with the Secretary of State,
shall provide to the Committees on Appropriations a written
justification for the proposed assistance, including an explanation of
the United States position regarding any such vote, as well as a
description of the
[[Page 119 STAT. 2224]]
location of the proposed assistance by municipality, its purpose, and
its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International Development,
and the Secretary of the Treasury shall consult with representatives of
human rights organizations and all government agencies with relevant
information to help prevent indicted war criminals from benefiting from
any financial or technical assistance or grants provided to any country
or entity described in subsection (a).
(e) The Secretary of State may waive the application of subsection
(a) with respect to projects within a country, entity, or municipality
upon a written determination to the Committees on Appropriations that
such assistance directly supports the implementation of the Dayton
Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as defined
herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and Herzegovina,
together with annexes relating thereto, done at Dayton, November
10 through 16, 1995.
user fees
Sec. 562. The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) and the International Monetary Fund to oppose any
loan, grant, strategy or policy of these institutions that would require
user fees or service charges on poor people for primary education or
primary healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal well-being,
in connection with the institutions' financing programs.
funding for serbia
Sec. 563. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Serbia after May 31, 2006,
if the President has made the determination and certification contained
in subsection (c).
(b) After May 31, 2006, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the Government
of Serbia and Montenegro subject to the conditions in subsection (c):
Provided, That section 576 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1997, as amended, shall not
apply to the provision of loans and assistance to the Government of
Serbia and Montenegro through international financial institutions.
[[Page 119 STAT. 2225]]
(c) <<NOTE: President. Certification.>> The determination and
certification referred to in subsection (a) is a determination by the
President and a certification to the Committees on Appropriations that
the Government of Serbia and Montenegro is--
(1) cooperating with the International Criminal Tribunal for
the former Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension, including Ratko
Mladic and Radovan Karadzic, unless the Secretary of State
determines and reports to the Committees on Appropriations that
these individuals are no longer residing in Serbia;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply to Montenegro, Kosovo, humanitarian
assistance or assistance to promote democracy.
community-based police assistance
Sec. 564. <<NOTE: 22 USC 2151 note.>> (a) Authority.--Funds made
available by this Act to carry out the provisions of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961, may be
used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
strategic planning, and through assistance to foster civilian police
roles that support democratic governance including assistance for
programs to prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the communities they
serve.
(b) Notification.--Assistance provided under subsection (a) shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
special debt relief for the poorest
Sec. 565. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed
by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f) of the
Commodity Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of 1966, as
amended (Public Law 89-808), or section 202 of the Agricultural
Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and
[[Page 119 STAT. 2226]]
referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to the funds appropriated by this Act under
the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for the purposes of
any provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321 of the
International Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 566. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and
[[Page 119 STAT. 2227]]
sustainable use of natural resources with local
community development, and child survival and other
child development, in a manner consistent with sections
707 through 710 of the Foreign Assistance Act of 1961,
if the sale, reduction, or cancellation would not
contravene any term or condition of any prior agreement
relating to such loan.
(2) <<NOTE: President.>> Terms and conditions.--
Notwithstanding any other provision of law, the President shall,
in accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) <<NOTE: Notification.>> Administration.--The Facility,
as defined in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign Assistance
Act of 1961 of purchasers that the President has determined to
be eligible, and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this section.
Such agency shall make adjustment in its accounts to reflect the
sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) <<NOTE: President.>> Debtor Consultations.--Before the sale to
any eligible purchaser, or any reduction or cancellation pursuant to
this section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans to be
sold, reduced, or canceled and their uses for debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
basic education
Sec. 567. Of the funds appropriated by title II of this Act, not
less than $465,000,000 shall be made available for basic education, of
which not less than $250,000 shall be provided to the Comptroller
General of the United States to prepare an analysis of United States
funded international basic education programs, which should be submitted
to the Committees on Appropriations by May 1, 2006.
reconciliation programs
Sec. 568. Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $15,000,000 should be made available to
support reconciliation programs and activities which
[[Page 119 STAT. 2228]]
bring together individuals of different ethnic, religious, and political
backgrounds from areas of civil conflict and war.
sudan
Sec. 569. (a) Availability of Funds.--Of the funds appropriated
under the heading ``Development Assistance'' up to $70,000,000 may be
made available for assistance for Sudan, of which not to exceed
$6,000,000 may be made available for administrative expenses of the
United States Agency for International Development associated with
assistance programs for Sudan.
(b) Limitation on Assistance.--Subject to subsection (c):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106-570) or any other
provision of law, none of the funds appropriated by this Act may
be made available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and credit
agreements.
(c) <<NOTE: Certification.>> Subsection (b) shall not apply if the
Secretary of State determines and certifies to the Committees on
Appropriations that--
(1) the Government of Sudan has taken significant steps to
disarm and disband government-supported militia groups in the
Darfur region;
(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in the cease-
fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring
team that is based in Darfur and that has the support of the
United States.
(d) Exceptions.--The provisions of subsection (b) shall not apply
to--
(1) humanitarian assistance;
(2) assistance for Darfur and for areas outside the control
of the Government of Sudan; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement.
(e) Definitions.--For the purposes of this Act and section 501 of
Public Law 106-570, the terms ``Government of Sudan'', ``areas outside
of control of the Government of Sudan'', and ``area in Sudan outside of
control of the Government of Sudan'' shall have the same meaning and
application as was the case immediately prior to June 5, 2004, and,
Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei shall
be deemed ``areas outside of control of the Government of Sudan''.
[[Page 119 STAT. 2229]]
trade capacity building
Sec. 570. Of the funds appropriated by this Act, under the headings
``Trade and Development Agency'', ``Development Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``International
Affairs Technical Assistance'', and ``International Organizations and
Programs'', not less than $522,000,000 should be made available for
trade capacity building assistance: Provided, That $20,000,000 of the
funds appropriated in this Act under the heading ``Economic Support
Fund'' shall be made available for labor and environmental capacity
building activities relating to the free trade agreement with the
countries of Central America and the Dominican Republic.
excess defense articles for central and south european countries and
certain other countries
Sec. 571. Notwithstanding section 516(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2006, funds
available to the Department of Defense may be expended for crating,
packing, handling, and transportation of excess defense articles
transferred under the authority of section 516 of such Act to Albania,
Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of
Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan.
zimbabwe
Sec. 572. <<NOTE: Certification. 22 USC 2151 note.>> The Secretary
of the Treasury shall instruct the United States executive director to
each international financial institution to vote against any extension
by the respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote democracy,
unless the Secretary of State determines and certifies to the Committees
on Appropriations that the rule of law has been restored in Zimbabwe,
including respect for ownership and title to property, freedom of speech
and association.
gender-based violence
Sec. 573. Programs funded under titles II and III of this Act that
provide training for foreign police, judicial, and military officials,
shall include, where appropriate, programs and activities that address
gender-based violence.
limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
Sec. 574. (a) None of the funds made available in this Act in title
II under the heading ``Economic Support Fund'' may be used to provide
assistance to the government of a country that is a party to the
International Criminal Court and has not entered into an agreement with
the United States pursuant to Article 98 of the Rome Statute preventing
the International Criminal Court from proceeding against United States
personnel present in such country.
[[Page 119 STAT. 2230]]
(b) The President may, with prior notice to Congress, waive the
prohibition of subsection (a) with respect to a North Atlantic Treaty
Organization (``NATO'') member country, a major non-NATO ally (including
Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of
Korea, and New Zealand), Taiwan, or such other country as he may
determine if he determines and reports to the appropriate congressional
committees that it is important to the national interests of the United
States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive the
prohibition of subsection (a) with respect to a particular country if he
determines and reports to the appropriate congressional committees that
such country has entered into an agreement with the United States
pursuant to Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel present
in such country.
(d) The prohibition of this section shall not apply to countries
otherwise eligible for assistance under the Millennium Challenge Act of
2003, notwithstanding section 606(a)(2)(B) of such Act.
(e) Funds appropriated for fiscal year 2005 under the heading
``Economic Support Fund'' may be made available for democracy and rule
of law programs and activities, notwithstanding the provisions of
section 574 of division D of Public Law 108-447.
tibet
Sec. 575. (a) The Secretary of the Treasury should instruct the
United States executive director to each international financial
institution to use the voice and vote of the United States to support
projects in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or facilitate the
transfer of ownership of Tibetan land and natural resources to non-
Tibetans; are based on a thorough needs-assessment; foster self-
sufficiency of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less than
$4,000,000 of the funds appropriated by this Act under the heading
``Economic Support Fund'' should be made available to nongovernmental
organizations to support activities which preserve cultural traditions
and promote sustainable development and environmental conservation in
Tibetan communities in the Tibetan Autonomous Region and in other
Tibetan communities in China, and not less than $250,000 should be made
available to the National Endowment for Democracy for human rights and
democracy programs relating to Tibet.
central america
Sec. 576. (a) Of the funds appropriated by this Act under the
headings ``Child Survival and Health Programs Fund'' and ``Development
Assistance'', not less than the amount of funds initially allocated
pursuant to section 653(a) of the Foreign Assistance Act of 1961 for
fiscal year 2005 should be made available for El Salvador, Guatemala,
Nicaragua and Honduras.
(b) In addition to the amounts requested under the heading
``Economic Support Fund'' for assistance for Nicaragua and Guatemala in
fiscal year 2006, not less than $1,500,000 should be made available for
electoral assistance, media and civil society programs, and activities
to combat corruption and strengthen democracy in
[[Page 119 STAT. 2231]]
Nicaragua, and not less than $1,500,000 should be made available for
programs and activities to combat organized crime, crimes of violence
specifically targeting women, and corruption in Guatemala.
(c) Funds made available pursuant to subsection (b) shall be subject
to prior consultation with the Committees on Appropriations.
united states agency for international development management
(including transfer of funds)
Sec. 577. <<NOTE: 22 USC 3948 note.>> (a) Authority.--Up to
$75,000,000 of the funds made available in this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Eastern Europe and
the Baltic States'', may be used by the United States Agency for
International Development (USAID) to hire and employ individuals in the
United States and overseas on a limited appointment basis pursuant to
the authority of sections 308 and 309 of the Foreign Service Act of
1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) <<NOTE: Expiration date.>> The authority to hire
individuals contained in subsection (a) shall expire on
September 30, 2008.
(c) Conditions.--The authority of subsection (a) may only be used to
the extent that an equivalent number of positions that are filled by
personal services contractors or other nondirect-hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this section,
primary emphasis shall be placed on enabling USAID to meet personnel
positions in technical skill areas currently encumbered by contractor or
other nondirect-hire personnel.
(e) Consultations.--The USAID Administrator shall consult with the
Committees on Appropriations at least on a quarterly basis concerning
the implementation of this section.
(f) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall
be the account to which such individual's responsibilities primarily
relate. Funds made available to carry out this section may be
transferred to and merged and consolidated with funds appropriated for
``Operating Expenses of the United States Agency for International
Development''.
(g) Management Reform Pilot.--Of the funds made available in
subsection (a), USAID may use, in addition to funds otherwise available
for such purposes, up to $10,000,000 to fund overseas support costs of
members of the Foreign Service with a Foreign Service rank of four or
below: Provided, That such authority is only used to reduce USAID's
reliance on overseas personal services contractors or other nondirect-
hire employees compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States''.
[[Page 119 STAT. 2232]]
(h) Disaster Surge Capacity.--Funds appropriated by this Act to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe and the
Baltic States'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs) of
individuals detailed to or employed by the United States Agency for
International Development whose primary responsibility is to carry out
programs in response to natural disasters.
hipc debt reduction
Sec. 578. <<NOTE: 22 USC 2395a note.>> Section 501(b) of H.R. 3425,
as enacted into law by section 1000(a)(5) of division B of Public Law
106-113 (113 Stat. 1501A-311), is amended by adding at the end the
following new paragraph:
``(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 31; 22
U.S.C. 411 et seq.; commonly known as the `Lend-Lease Act').''.
opic transfer authority
(including transfer of funds)
Sec. 579. <<NOTE: President.>> Whenever the President determines
that it is in furtherance of the purposes of the Foreign Assistance Act
of 1961, up to a total of $20,000,000 of the funds appropriated under
title II of this Act may be transferred to and merged with funds
appropriated by this Act for the Overseas Private Investment Corporation
Program Account, to be subject to the terms and conditions of that
account: Provided, That such funds shall not be available for
administrative expenses of the Overseas Private Investment Corporation:
Provided further, That funds earmarked by this Act shall not be
transferred pursuant to this section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on funds relating to attendance of federal employees at
conferences occurring outside the united states
Sec. 580. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees of
agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State
determines that such attendance is in the national interest: Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United States
Government and representatives of foreign governments, international
organizations, or nongovernmental organizations.
limitation on assistance to foreign countries that refuse to extradite
to the united states any individual accused in the united states of
killing a law enforcement officer
Sec. 581. None of the funds made available in this Act for the
Department of State may be used to provide assistance to
[[Page 119 STAT. 2233]]
the central government of a country which has notified the Department of
State of its refusal to extradite to the United States any individual
indicted in the United States for killing a law enforcement officer, as
specified in a United States extradition request, unless the Secretary
of State certifies to the Committees on Appropriations in writing that
the application of the restriction to a country or countries is contrary
to the national interest of the United States.
prohibition against direct funding for saudi arabia
Sec. 582. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance any
assistance to Saudi Arabia: Provided, That the President may waive the
prohibition of this section if he certifies to the Committees on
Appropriations, 15 days prior to the obligation of funds for assistance
for Saudi Arabia, that Saudi Arabia is cooperating with efforts to
combat international terrorism and that the proposed assistance will
help facilitate that effort.
governments that have failed to permit certain extraditions
Sec. 583. None of the funds made available in this Act for the
Department of State, other than funds provided under the heading
``International Narcotics Control and Law Enforcement'', may be used to
provide assistance to the central government of a country with which the
United States has an extradition treaty and which government has
notified the Department of State of its refusal to extradite to the
United States any individual indicted for a criminal offense for which
the maximum penalty is life imprisonment without the possibility of
parole, unless the Secretary of State certifies to the Committees on
Appropriations in writing that the application of this restriction to a
country or countries is contrary to the national interest of the United
States.
reporting requirement
Sec. 584. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2006, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', and ``Peacekeeping Operations'':
Provided, That such report shall include a description of the obligation
and expenditure of funds, and the specific country in receipt of, and
the use or purpose of the assistance provided by such funds.
environment programs
Sec. 585. (a) Funding.--Of the funds appropriated under the heading
``Development Assistance'', not less than $165,500,000 shall be made
available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which not
less than $10,000,000 should be made available to implement the United
States Agency for International Development's biodiversity conservation
strategy for the Amazon basin, which amount shall be in addition to the
amounts requested for biodiversity activities in these countries in
fiscal year 2006: Provided, That of the funds appropriated by this Act,
not less than $17,500,000 should
[[Page 119 STAT. 2234]]
be made available for the Congo Basin Forest Partnership of which not
less than $2,500,000 should be made available to the United States Fish
and Wildlife Service for the protection of great apes in Central Africa:
Provided further, That of the funds appropriated by this Act, not less
than $180,000,000 shall be made available to support clean energy and
other climate change policies and programs in developing countries, of
which $100,000,000 should be made available to directly promote and
deploy energy conservation, energy efficiency, and renewable and clean
energy technologies, and of which the balance should be made available
to directly: (1) measure, monitor, and reduce greenhouse gas emissions;
(2) increase carbon sequestration activities; and (3) enhance climate
change mitigation and adaptation programs.
(b) <<NOTE: President.>> Climate Change Report.--Not later than 60
days after the date on which the President's fiscal year 2007 budget
request is submitted to Congress, the President shall submit a report to
the Committees on Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2006, including an accounting of
expenditures by agency with each agency identifying climate
change activities and associated costs by line item as presented
in the President's Budget Appendix; and
(2) all fiscal year 2005 obligations and estimated
expenditures, fiscal year 2006 estimated expenditures and
estimated obligations, and fiscal year 2007 requested funds by
the United States Agency for International Development, by
country and central program, for each of the following: (i) to
promote the transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies; (ii) to
assist in the measurement, monitoring, reporting, verification,
and reduction of greenhouse gas emissions; (iii) to promote
carbon capture and sequestration measures; (iv) to help meet
such countries' responsibilities under the Framework Convention
on Climate Change; and (v) to develop assessments of the
vulnerability to impacts of climate change and mitigation and
adaptation response strategies.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions and the
public that it is the policy of the United States that any
assistance by such institutions (including but not limited to
any loan, credit, grant, or guarantee) for the extraction and
export of oil, gas, coal, timber, or other natural resource
should not be provided unless the government of the country has
in place or is taking the necessary steps to establish
functioning systems for: (A) accurately accounting for revenues
and expenditures in connection with the extraction and export of
the type of natural resource to be extracted or exported; (B)
the independent auditing of such accounts and the widespread
public dissemination of the audits; and (C) verifying government
receipts against company payments including widespread
dissemination of such payment information, and disclosing such
[[Page 119 STAT. 2235]]
documents as Host Government Agreements, Concession Agreements,
and bidding documents, allowing in any such dissemination or
disclosure for the redaction of, or exceptions for, information
that is commercially proprietary or that would create
competitive disadvantage.
(2) <<NOTE: Deadline. Reports.>> Not later than 180 days
after the enactment of this Act, the Secretary of the Treasury
shall submit a report to the Committees on Appropriations
describing, for each international financial institution, the
amount and type of assistance provided, by country, for the
extraction and export of oil, gas, coal, timber, or other
national resource since September 30, 2005.
uzbekistan
Sec. 586. Assistance may be provided to the central Government of
Uzbekistan only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Uzbekistan is making
substantial and continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation Framework
Between the Republic of Uzbekistan and the United States of America'',
including respect for human rights, establishing a genuine multi-party
system, and ensuring free and fair elections, freedom of expression, and
the independence of the media, and that a credible international
investigation of the May 31, 2005, shootings in Andijan is underway with
the support of the Government of Uzbekistan: Provided, That for the
purposes of this section ``assistance'' shall include excess defense
articles.
central asia
Sec. 587. <<NOTE: Reports.>> (a) Funds appropriated by this Act may
be made available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the Committees on
Appropriations that the Government of Kazakhstan has made significant
improvements in the protection of human rights during the preceding 6
month period.
(b) The Secretary of State may waive subsection (a) if he determines
and reports to the Committees on Appropriations that such a waiver is
important to the national security of the United States.
(c) <<NOTE: Deadline.>> Not later than October 1, 2006, the
Secretary of State shall submit a report to the Committees on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Representatives
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior to
submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States
by units of the armed forces, border guards, or other security
forces of such countries.
(d) Prior to the initial obligation of assistance for the Government
of Kyrgyzstan, the Secretary of State shall submit a report to the
Committees on Appropriations describing: (1) whether the
[[Page 119 STAT. 2236]]
Government of Kyrgyzstan is forcibly returning Uzbeks who have fled
violence and political persecution, in violation of the 1951 Geneva
Convention relating to the status of refugees, and the Convention
Against Torture and Other Forms of Cruel, Inhuman, or Degrading
Treatment; (2) efforts made by the United States to prevent such
returns; and (3) the response of the Government of Kyrgyzstan.
(e) For purposes of this section, the term ``countries of Central
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
disability programs
Sec. 588. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $4,000,000 shall be
made available for programs and activities administered by the United
States Agency for International Development (USAID) to address the needs
and protect the rights of people with disabilities in developing
countries.
(b) Funds appropriated under the heading ``Operating Expenses of the
United States Agency for International Development'' shall be made
available to develop and implement training for staff in overseas USAID
missions to promote the full inclusion and equal participation of people
with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury, and the
Administrator of USAID shall seek to ensure that, where appropriate,
construction projects funded by this Act are accessible to people with
disabilities and in compliance with the USAID Policy on Standards for
Accessibility for the Disabled, or other similar accessibility
standards.
(d) Of the funds made available pursuant to subsection (a), not more
than 7 percent may be for management, oversight and technical support.
(e) <<NOTE: Deadlines. Reports.>> Not later than 180 days after the
date of enactment of this Act, and 180 days thereafter, the
Administrator of USAID shall submit a report describing the programs,
activities, and organizations funded pursuant to this section.
discrimination against minority religious faiths in the russian
federation
Sec. 589. None of the funds appropriated for assistance under this
Act may be made available for the Government of the Russian Federation,
after 180 days from the date of the enactment of this Act, unless the
President determines and certifies in writing to the Committees on
Appropriations that the Government of the Russian Federation has
implemented no statute, Executive order, regulation or similar
government action that would discriminate, or which has as its principal
effect discrimination, against religious groups or religious communities
in the Russian Federation in violation of accepted international
agreements on human rights and religious freedoms to which the Russian
Federation is a party.
war crimes in africa
Sec. 590. (a) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and
[[Page 119 STAT. 2237]]
the Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against humanity in a
timely manner.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR and SCSL
are credibly alleged to be living, if the Secretary of State determines
and reports to the Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection shall not
apply to assistance provided under section 551 of the Foreign Assistance
Act of 1961 or to project assistance under title II of this Act:
Provided further, That the United States shall use its voice and vote in
the United Nations Security Council to fully support efforts by ICTR and
SCSL to bring to justice individuals indicted by such tribunals in a
timely manner.
(c) <<NOTE: President.>> The prohibition in subsection (b) may be
waived on a country by country basis if the President determines that
doing so is in the national security interest of the United
States: <<NOTE: Reports.>> Provided, That prior to exercising such
waiver authority, the President shall submit a report to the Committees
on Appropriations, in classified form if necessary, on: (1) the steps
being taken to obtain the cooperation of the government in surrendering
the indictee in question to the court of jurisdiction; (2) a strategy,
including a timeline, for bringing the indictee before such court; and
(3) the justification for exercising the waiver authority.
(d) <<NOTE: Charles Taylor.>> Notwithstanding subsections (b) and
(c), assistance may be made available for the central Government of
Nigeria after 120 days following enactment of this Act only if the
President submits a report to the Committees on Appropriations, in
classified form if necessary, on: (1) the steps taken in fiscal years
2003, 2004 and 2005 to obtain the cooperation of the Government of
Nigeria in surrendering Charles Taylor to the SCSL; and (2) a strategy,
including a timeline, for bringing Charles Taylor before the SCSL.
security in asia
Sec. 591. (a) Of the funds appropriated under the heading ``Foreign
Military Financing Program'', not less than the following amounts shall
be made available to enhance security in Asia, consistent with
democratic principles and the rule of law--
(1) $30,000,000 for assistance for the Philippines;
(2) $1,000,000 for assistance for Indonesia;
(3) $1,000,000 for assistance for Bangladesh;
(4) $3,000,000 for assistance for Mongolia;
(5) $1,500,000 for assistance for Thailand;
(6) $1,000,000 for assistance for Sri Lanka;
(7) $1,000,000 for assistance for Cambodia;
(8) $500,000 for assistance for Fiji; and
(9) $250,000 for assistance for Tonga.
(b) In addition to amounts appropriated elsewhere in this Act,
$10,000,000 is hereby appropriated for ``Foreign Military Financing
Program'': Provided, That these funds shall be available only to assist
the Philippines in addressing the critical deficiencies identified in
the Joint Defense Assessment of 2003.
[[Page 119 STAT. 2238]]
(c) Funds made available for assistance for Indonesia pursuant to
subsection (a) may only be made available for the Indonesian Navy,
notwithstanding section 599F of this Act: Provided, That such funds
shall only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(d) Funds made available for assistance for Cambodia pursuant to
subsection (a) shall be made available notwithstanding section 554 of
this Act: Provided, That such funds shall only be made available subject
to the regular notification procedures of the Committees on
Appropriations.
nepal
Sec. 592. (a) Funds appropriated under the heading ``Foreign
Military Financing Program'' may be made available for assistance for
Nepal only if the Secretary of State certifies to the Committees on
Appropriations that the Government of Nepal, including its security
forces, has restored civil liberties, is protecting human rights, and
has demonstrated, through dialogue with Nepal's political parties, a
commitment to a clear timetable to restore multi-party democratic
government consistent with the 1990 Nepalese Constitution.
(b) The Secretary of State may waive the requirements of this
section if the Secretary certifies to the Committees on Appropriations
that to do so is in the national security interests of the United
States.
neglected diseases
Sec. 593. Of the funds appropriated under the heading ``Child
Survival and Health Programs Fund'', not less than $15,000,000 shall be
made available to support an integrated response to the control of
neglected diseases including intestinal parasites, schistosomiasis,
lymphatic filariasis, onchocerciasis, trachoma and leprosy: Provided,
That the Administrator of the United States Agency for International
Development shall consult with the Committees on Appropriations,
representatives from the relevant international technical and
nongovernmental organizations addressing the specific diseases,
recipient countries, donor countries, the private sector, UNICEF and the
World Health Organization: (1) on the most effective uses of such funds
to demonstrate the health and economic benefits of such an approach; and
(2) to develop a multilateral, integrated initiative to control these
diseases that will enhance coordination and effectiveness and maximize
the leverage of United States contributions with those of other donors:
Provided further, That funds made available pursuant to this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
orphans, displaced and abandoned children
Sec. 594. Of the funds appropriated under title II of this Act, not
less than $3,000,000 should be made available for activities to improve
the capacity of foreign government agencies and nongovernmental
organizations to prevent child abandonment, address the needs of
orphans, displaced and abandoned children and provide permanent homes
through family reunification, guardianship and domestic adoptions:
Provided, That funds made available under
[[Page 119 STAT. 2239]]
title II of this Act should be made available, as appropriate,
consistent with--
(1) the goal of enabling children to remain in the care of
their family of origin, but when not possible, placing children
in permanent homes through adoption;
(2) the principle that such placements should be based on
informed consent which has not been induced by payment or
compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and should be
used when no other suitable permanent options are available; and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of
children.
advisor for indigenous peoples issues
Sec. 595. <<NOTE: Deadline. Designation.>> (a) After consultation
with the Committees on Appropriations and not later than 120 days after
enactment of this Act, the Administrator of the United States Agency for
International Development shall designate an ``Advisor for Indigenous
Peoples Issues'' whose responsibilities shall include--
(1) consulting with representatives of indigenous peoples
organizations;
(2) ensuring that the rights and needs of indigenous peoples
are being respected and addressed in United States Agency for
International Development policies, programs and activities;
(3) monitoring the design and implementation of United
States Agency for International Development policies, programs
and activities which affect indigenous peoples; and
(4) coordinating with other Federal agencies on relevant
issues relating to indigenous peoples.
statement
Sec. 596. (a) Funds provided in this Act for the following accounts
shall be made available for programs and countries in the amounts
contained in the respective tables included in the report accompanying
this Act:
``Child Survival and Health Programs Fund''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former Soviet
Union''.
``Global HIV/AIDS Initiative''.
``Democracy Fund''.
``International Narcotics Control and Law Enforcement''.
``Andean Counterdrug Initiative''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts contained in
such tables in the accompanying report shall be subject to the regular
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961.
[[Page 119 STAT. 2240]]
combatting piracy of united states copyrighted materials
Sec. 597. (a) Program Authorized.--The Secretary of State may carry
out a program of activities to combat piracy in countries that are not
members of the Organization for Economic Cooperation and Development
(OECD), including activities as follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of intellectual
property laws.
(2) The provision of training for judges and prosecutors,
including in the interpretation of intellectual property laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property Organization.--In
carrying out the program authorized by subsection (a), the Secretary
shall, to the maximum extent practicable, consult with and provide
assistance to the World Intellectual Property Organization in order to
promote the integration of countries described in subsection (a) into
the global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made available
under the heading ``International Narcotics Control and Law
Enforcement'', $5,000,000 may be made available in fiscal year 2006 for
the program authorized by subsection (a).
malaria
Sec. 598. Of the funds appropriated under the heading ``Child
Survival and Health Programs Fund'', not less than $100,000,000 should
be made available for programs and activities to combat malaria:
Provided, That such funds should be made available in accordance with
country strategic plans incorporating best public health practices,
which should include considerable support for the purchase of
commodities and equipment including: (1) insecticides for indoor
residual spraying that are proven to reduce the transmission of malaria;
(2) pharmaceuticals that are proven effective treatments to combat
malaria; (3) long-lasting insecticide-treated nets used to combat
malaria; and (4) other activities to strengthen the public health
capacity of malaria-affected countries: Provided
further, <<NOTE: Deadlines. Termination date. Reports.>> That no later
than 90 days after the date of enactment of this Act, and every 90 days
thereafter until September 30, 2006, the Administrator of the United
States Agency for International Development shall submit to the
Committees on Appropriations a report describing in detail expenditures
to combat malaria during fiscal year 2006.
oversight of iraq reconstruction
Sec. 599. Subsection (o) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5
U.S.C. App. 3 section 8G note), as amended by section 1203(j) of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2081), <<NOTE: 5 USC app. 8G note.>> is
amended by striking ``obligated'' and inserting ``expended''.
[[Page 119 STAT. 2241]]
nonproliferation and counterproliferation efforts
Sec. 599A. Funds appropriated under title II under the heading
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' may
be made available to the Under Secretary of State for Arms Control and
International Security for use in certain nonproliferation efforts and
counterproliferation efforts such as increased voluntary dues to the
International Atomic Energy Agency and Proliferation Security Initiative
activities.
promotion of policy goals at multilateral development banks
Sec. 599B. Title XV of the International Financial Institutions Act
(22 U.S.C. 262o et seq.) is amended by adding at the end the following:
``SEC. 1505. PROMOTION OF POLICY <<NOTE: 22 USC 262o-4.>> GOALS.
``(a) The Secretary of the Treasury shall instruct the United States
Executive Director at each multilateral development bank to inform each
such bank and the executive directors of each such bank of the policy of
the United States as set out in this section and to actively promote
this policy and the goals set forth in section 1504 of this Act. It is
the policy of the United States that each bank should--
``(1) require the bank's employees, officers and consultants
to make an annual disclosure of their financial interests and
income and of any other potential source of conflict of
interest;
``(2) link project and program design and results to
management and staff performance appraisals, salaries, and
bonuses;
``(3) implement voluntary disclosure programs for firms and
individuals participating in projects financed by such bank;
``(4) ensure that all loan, credit, guarantee, and grant
documents and other agreements with borrowers include provisions
for the financial resources and conditionality necessary to
ensure that a person or country that obtains financial support
from a bank complies with applicable bank policies and national
and international laws in carrying out the terms and conditions
of such documents and agreements, including bank policies and
national and international laws pertaining to the comprehensive
assessment and transparency of the activities related to access
to information, public health, safety, and environmental
protection;
``(5) implement clear anti-corruption procedures setting
forth the circumstances under which a person will be barred from
receiving a loan, contract, grant, guarantee or credit from such
bank, make such procedures available to the public, and make the
identity of such person available to the public;
``(6) coordinate policies across multilateral development
banks on issues including debarment, cross-debarment,
procurement guidelines, consultant guidelines, and fiduciary
standards so that a person that is debarred by one such bank is
subject to a rebuttable presumption of ineligibility to conduct
business with any other such bank during the specific
ineligibility period;
``(7) require each bank borrower and grantee and each
bidder, supplier and contractor for MDB projects to comply
[[Page 119 STAT. 2242]]
with the highest standard of ethics prohibiting coercive,
collusive, corrupt and fraudulent practices, such as are defined
in the World Bank's Procurement Guidelines of May, 2004;
``(8) maintain a functionally independent Investigations
Office, Auditor General Office and Evaluation Office that are
free from interference in determining the scope of
investigations (including forensic audits), internal auditing
(including assessments of management controls for meeting
operational objectives and complying with bank policies),
performing work and communicating results, and that regularly
report to such bank's board of directors and, as appropriate and
in a manner consistent with such functional independence of the
Investigations Office and the Auditor General Office, to the
bank's President;
``(9) require that each candidate for adjustment or budget
support loans demonstrate transparent budgetary and procurement
processes including budget publication and public scrutiny prior
to loan or grant approval;
``(10) require that for each project where compensation is
to be provided to persons adversely affected by the project,
such persons have recourse to an impartial and responsive
mechanism to receive and resolve complaints. The mechanism
should be easily accessible to all segments of the affected
community without impeding access to other judicial or
administrative remedies and without retribution;
``(11) implement best practices in domestic laws and
international conventions against corruption for whistleblower
and witness disclosures and protections against retaliation for
internal and lawful public disclosures by the bank's employees
and others affected by such bank's operations who challenge
illegality or other misconduct that could threaten the bank's
mission, including: (1) best practices for legal burdens of
proof; (2) access to independent adjudicative bodies, including
external arbitration based on consensus selection and shared
costs; and (3) results that eliminate the effects of proven
retaliation; and
``(12) require, to the maximum extent possible, that all
draft country strategies are issued for public consideration no
less than 45 days before the country strategy is considered by
the multilateral development bank board of directors.
``(b) <<NOTE: Deadline. Internet.>> The Secretary of the Treasury
shall, beginning thirty days after the enactment of this Act and within
sixty calendar days of the meeting of the respective bank's Board of
Directors at which such decisions are made, publish on the Department of
the Treasury website a statement or explanation of the United States
position on decisions related to: (1) operational policies; and (2) any
proposal which would result or be likely to result in a significant
effect on the environment.
``(c) In this section the term `multilateral development bank' has
the meaning given that term in section 1307 of the International
Financial Institutions Act (22 U.S.C. 262m-7) and also includes the
European Bank for Reconstruction and Development and the Global
Environment Facility.''.
authorizations
Sec. 599C. (a) To authorize the United States participation in and
appropriations for the United States contribution to the fourteenth
replenishment of the resources of the International
[[Page 119 STAT. 2243]]
Development Association, the International Development Association Act,
Public Law 86-565, as amended (22 U.S.C. 284 et seq.), is further
amended by adding at the end thereof the following new section:
``SEC. 23. FOURTEENTH <<NOTE: 22 USC 284u.>> REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the United States
$2,850,000,000 to the fourteenth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $2,850,000,000 for payment by the Secretary of
the Treasury.''.
(b) To authorize the United States participation in and
appropriations for the United States contribution to the tenth
replenishment of the resources of the African Development Fund, the
African Development Fund Act, Public Law 94-302, as amended (22 U.S.C.
290g et seq.), is further amended by adding at the end thereof the
following new section:
``SEC. 218. TENTH <<NOTE: 22 USC 290g-17.>> REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $407,000,000 to the tenth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $407,000,000 for payment by the Secretary of the
Treasury.''.
(c) To authorize the United States participation in and
appropriations for the United States contribution to the eighth
replenishment of the resources of the Asian Development Fund, the Asian
Development Fund Act, Public Law 92-245, as amended (22 U.S.C. 285 et
seq.), is further amended by adding at the end thereof the following new
section:
``SEC. 32. EIGHTH <<NOTE: 22 USC 285cc.>> REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $461,000,000 to the eighth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $461,000,000 for payment by the Secretary of the
Treasury.''.
anticorruption provisions
Sec. 599D. <<NOTE: Certification.>> Twenty percent of the funds
appropriated by this Act under the heading ``International Development
Association'', shall be withheld from disbursement until the Secretary
of the Treasury certifies to the appropriate congressional committees
that--
(1) World Bank procurement guidelines are applied to all
procurement financed in whole or in part by a loan from the
International Bank for Reconstruction and Development (IBRD)
[[Page 119 STAT. 2244]]
or a credit agreement or grant from the International
Development Association (IDA);
(2) the World Bank proposal ``Increasing the Use of Country
Systems in Procurement'' dated March 2005 has been withdrawn;
(3) the World Bank is maintaining a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions, and
complaints regarding procurement procedures and payments under
IDA and IBRD projects;
(4) thresholds for international competitive bidding are
established to maximize international competitive bidding in
accordance with sound procurement practices, including
transparency, competition, and cost-effective results for the
Borrowers;
(5) all tenders under the World Bank's national competitive
bidding provisions are subject to the same advertisement
requirements as tenders under international competitive bidding;
and
(6) loan agreements are made public between the World Bank
and the Borrowers.
assistance for demobilization and disarmament of former irregular
combatants in colombia
Sec. 599E. (a) Availability of Funds.--Of the funds appropriated in
this Act, up to $20,000,000 may be made available in fiscal year 2006
for assistance for the demobilization and disarmament of former members
of foreign terrorist organizations (FTOs) in Colombia, specifically the
United Self-Defense Forces of Colombia (AUC), the Revolutionary Armed
Forces of Colombia (FARC) and the National Liberation Army (ELN), if the
Secretary of State makes a certification described in subsection (b) to
the appropriate congressional committees prior to the initial obligation
of amounts for such assistance for the fiscal year involved.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) assistance for the fiscal year will be provided only for
individuals who have: (A) verifiably renounced and terminated
any affiliation or involvement with FTOs or other illegal armed
groups; and (B) are meeting all the requirements of the Colombia
Demobilization Program, including having disclosed their
involvement in past crimes and their knowledge of the FTO's
structure, financing sources, illegal assets, and the location
of kidnapping victims and bodies of the disappeared;
(2) the Government of Colombia is providing full cooperation
to the Government of the United States to extradite the leaders
and members of the FTOs who have been indicted in the United
States for murder, kidnapping, narcotics trafficking, and other
violations of United States law;
(3) the Government of Colombia is implementing a concrete
and workable framework for dismantling the organizational
structures of foreign terrorist organizations; and
(4) funds shall not be made available as cash payments to
individuals and are available only for activities under the
following categories: verification, reintegration (including
[[Page 119 STAT. 2245]]
training and education), vetting, recovery of assets for
reparations for victims, and investigations and prosecutions.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the
Committee on International Relations of the House of
Representatives; and
(B) the Committee on Appropriations and the
Committee on Foreign Relations of the Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
indonesia
Sec. 599F. (a) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available for
assistance for Indonesia, and licenses may be issued for the export of
lethal defense articles for the Indonesian Armed Forces, only if the
Secretary of State certifies to the appropriate congressional committees
that--
(1) the Indonesian Government is prosecuting and punishing,
in a manner proportional to the crime, members of the Armed
Forces who have been credibly alleged to have committed gross
violations of human rights;
(2) at the direction of the President of Indonesia, the
Armed Forces are cooperating with civilian judicial authorities
and with international efforts to resolve cases of gross
violations of human rights in East Timor and elsewhere; and
(3) at the direction of the President of Indonesia, the
Government of Indonesia is implementing reforms to improve
civilian control of the military.
(b) The Secretary of State may waive subsection (a) if the Secretary
determines and reports to the Committees on Appropriations that to do so
is in the national security interests of the United States.
report on indonesian cooperation
Sec. 599G. Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations that describes--
(1) the status of the investigation of the murders of two
United States citizens and one Indonesian citizen that occurred
on August 31, 2002 in Timika, Indonesia, the status of any
individuals indicted within the United States or Indonesia for
crimes relating to those murders, and the status of judicial
proceedings relating to those murders;
(2) the efforts by the Government of Indonesia to arrest
individuals indicted for crimes relating to those murders and
any other actions taken by the Government of Indonesia,
including the Indonesian judiciary, police and Armed Forces, to
bring the individuals responsible for those murders to justice;
and
(3) the cooperation provided by the Government of Indonesia,
including the Indonesian judiciary, police and Armed
[[Page 119 STAT. 2246]]
Forces, to requests related to those murders made by the
Secretary of State or the Director of the Federal Bureau of
Investigation.
This Act may be cited as the ``Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2006''.
Approved November 14, 2005.
LEGISLATIVE HISTORY--H.R. 3057:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 109-152 (Comm. on Appropriations) and 109-265
(Comm. of Conference).
SENATE REPORTS: No. 109-96 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 28, considered and passed House.
July 15, 19, 20, considered and passed Senate, amended.
Nov. 4, House agreed to conference report.
Nov. 10, Senate agreed to conference report.
<all>